A federal appeals court sided with the makers of Diet Dr Pepper against charges of false advertising, saying “no reasonable consumer” expects to lose weight from drinking diet soda.
She said she had been drinking Diet Dr Pepper for 13 years, believing it would help her lose weight. She felt cheated when it did not.
But the court rejected those claims in a ruling this week, upholding a lower court decision that found that the drink's maker, Dr Pepper/Seven Up, Inc., had broken no laws, and that the studies Becerra cited about aspartame were insufficient. While Becerra had claimed that the word was a noun or verb meaning “he is dieting” or “she is starting a diet,” Bybee noted that when used as an adjective or proper noun, the word can mean “reduced in or free from calories.”
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