Diet Dr Pepper Doesn’t Fraudulently Promise Weight Loss: Court

Dr Pepper/Seven Up Inc. doesn’t have to face consumer claims that Diet Dr Pepper fraudulently promises weight loss, the Ninth Circuit ruled Dec. 30, saying the plaintiff’s reading of the word “diet” was unreasonable.

“Diet soft drinks are common in the marketplace,” Judge Jay S. Bybee wrote for the court. “Just because some consumers may unreasonably interpret the term differently does not render the use of ‘diet’ in a soda’s brand name false or deceptive.”

The proposed class action accused Dr Pepper of misleading consumers about the main artificial sweetener in Diet Dr Pepper, aspartame. The sugar substitute actually causes ...