Plaintiffs Voluntarily Drop CIPA Case Against Pepsi Without Explanation
Plaintiffs in a class action against Pepsi who said it violated consumer privacy by placing cookies on browsers of users who had rejected them voluntarily dismissed the suit without prejudice Thursday. They gave no reason why they dropped the case, which was filed under the California Invasion of Privacy Act (CIPA).
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Plaintiffs argued that popup cookie consent banners on Pepsi's websites contained promises that were "outright lies.”
Specifically, their complaint argued that despite users choosing “Manage Cookie Preferences” and rejecting non-required cookies, including “Functional Cookies” and “Advertising Cookies,” Pepsi "surreptitiously cause[ed] third parties … to place and/or transmit cookies that track[ed] users’ website browsing activities and eavesdrop[ped] on users’ private communications on the Websites."
The plaintiffs sought invasion of privacy, intrusion upon seclusion, violations of CIPA and common law fraud, deceit and/or misrepresentation in their class-action lawsuit, among other counts.
The consumers filed their complaint against Pepsi in August in the U.S. District Court for Northern California (case 4:2025-cv-06929).