The United States Law Week

Ninth Circuit Won’t Revisit Defense Win Over ‘Diet’ Dr Pepper

Feb. 3, 2020, 10:00 PM

Dr Pepper/Seven Up Inc. gets to keep its appellate win in a suit alleging Diet Dr Pepper is fraudulently marketed as a weight loss aid when the Ninth Circuit refused Monday to reconsider its ruling.

Last year, the U.S. Court of Appeals for the Ninth Circuit said Shana Becerra failed to show that her interpretation of the word “diet” was objectively reasonable.

“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...

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