'No reasonable consumer would assume that Diet Dr Pepper's use of the term 'diet' promises weight loss or management,' a circuit court judge said in his ruling.
The Ninth U.S. Circuit Court of Appeals in San Francisco has refused to reinstate a class-action lawsuit filed by a California woman who was upset that drinking Diet Dr. Pepper for 13 years did not result in substantial weight loss.reported that Shana Becerra had filed her suit against Dr. Pepper / Seven-Up Inc., the parent company of the soda brand, in October 2017.Her suit alleged that the naming and marketing of Diet Dr.
In the complaint, she alleges that the soda's advertising made an"implicit promise... that, because Diet Dr Pepper does not contain sugar or calories, it will assist in weight loss, or at least healthy weight management." Becerra claimed that she had struggled with obesity since she was a child and turned to Diet Dr. Pepper because she believed the beverage would help her maintain a healthy weight. She claimed that if she had not been so misled, she would not have purchased the product for more than 13 years.
The complaint raised five causes of action, including violations of the California False Advertising Law, violations of the California Consumers Legal RemediesThe beverage company moved to dismiss, and Judge William Orrick granted the dismissal in October 2018 on grounds that the plaintiff failed to make a case with"enough facts to state a claim to relief that is plausible on its face."In the 3-0 opinion, written by Judge Jay S. Bybee, all five of the causes were dismissed.
"No reasonable consumer would assume that Diet Dr Pepper's use of the term 'diet' promises weight loss or management," he wrote.
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