Diet Dr. Pepper Suit Fizzles

Dr. Pepper/Seven-Up won dismissal, for now, of a proposed class suit alleging it deceptively markets Diet Dr. Pepper as a weight loss aid.

Nothing on the label or packaging even suggests the soda will help with weight loss or weight management, the U.S. District Court for the Northern District of California said. “It is not marketed as a health food product, and plaintiff Shana Becerra does not allege otherwise.”

Becerra bought a similar suit over Diet Coke, which was dismissed in February as implausible.

The two diet soda dismissals, and a recent Ninth Circuit ruling that affirmed dismissal of a ...