COCA-COLA BOTTLING COMPANY OF SHREVEPORT, INC., et al., Plaintiffs, v. The COCA-COLA COMPANY, a Delaware corporation, Defendant; ALEXANDRIA COCA-COLA BOTTLING COMPANY, LTD., et al., Plaintiffs, v. The COCA-COLA COMPANY, Defendant, 107 F.R.D. 288

Summary

After the introduction of diet Coke, plaintiffs, Coca-Cola bottlers, brought an action against defendant Coca-Cola Company claiming that defendant was obligated to sell them the diet Coke syrup used for bottling under the terms of their existing contract for the regular Coca-Cola syrup. Defendant argued that since Coca-Cola and diet Coke were allegedly two different products, the contractual obligation was inapplicable. Defendant also refused plaintiffs' request for disclosure of the well-protected secret formula, thus prompting plaintiffs to file a motion to compel production of this trade secret under Fed. R. Civ. P. 37(a). The court recognized that in order for plaintiffs to support their position and respond to defendant's arguments, discovery of the formula was necessary so that plaintiffs could make a comparison of the products' ingredients. As plaintiffs' need for this information outweighed the harm that would ensue from disclosure, production of the formula and ingredients was...