Suit Defeated Alleging Diet Pepsi Causes Weight Gain, Not Loss

PepsiCo Inc. beat back an appeal by consumers who alleged it deceptively markets Diet Pepsi.

Elizabeth Manuel and Vivien Grossman alleged the word “diet” in the name is false or misleading because it implies the beverage, which is sweetened with a non-nutritive sweeter instead of sugar, will assist in weight loss.

In fact, they said, it can actually cause weight gain.

A trial court properly dismissed the case last year, the U.S. Court of Appeals for the Second Circuit said in an unpublished March 15 order.

Similar suits over Diet Coke and Diet Dr Pepper also were dismissed and are ...