It's similar to the question "Can you sue someone for that?" Sure, anyone can sue anyone for anything, but you probably won't win stupid cases.
Any competent lawyer is going to reach for every available defense that seems vaguely plausible, but they're unlikely to win. A quick search makes it look like although Coca Cola only had to pay a $1.2M fine in this case the defense that no reasonable person would believe their advertising was rejected.
> Coca-Cola fought back arguing that no reasonable consumer could be misled into thinking vitaminwater was a healthy beverage but last year a federal judge rejected this defense.
Any competent lawyer is going to reach for every available defense that seems vaguely plausible, but they're unlikely to win. A quick search makes it look like although Coca Cola only had to pay a $1.2M fine in this case the defense that no reasonable person would believe their advertising was rejected.
> Coca-Cola fought back arguing that no reasonable consumer could be misled into thinking vitaminwater was a healthy beverage but last year a federal judge rejected this defense.
https://www.truthinadvertising.org/tina-org-objects-unhealth...