SAN FRANCISCO – A Santa Rosa woman recently lost her fourth attempt to convince a federal court that she thought the word "diet" in a soda drink would help her lose weight or maintain a healthy weight.
Shana Becerra filed a class action lawsuit against Dr Pepper claiming use of the term “diet” is deceptive and misleading. The suit, filed under California’s False Advertising Law, Consumers Legal Remedies Act and Unfair Competition Law, sought damages and an injunction to bar the company from marketing Diet Dr Pepper as a diet product.
Becerra claimed in the suit that "diet" suggests weight loss or management and that "aspartame in diet soft drinks is likely to cause weight gain."
Her earlier claims and amended complaints had been tossed, and the U.S. District Court for the Northern District of California dismissed her latest claim with no leave to amend.
In his order granting Dr Pepper's motion to dismiss filed Aug. 21, U.S. Judge William H. Orrick wrote, "I still conclude it is not plausible that reasonable consumers would believe consuming Diet Dr Pepper leads to weight loss or healthy weight management absent a change in lifestyle."
He added that the allegation that Diet Dr Pepper is misleading or false is not plausible and there is no science that backs a link between aspartame and weight gain.
The warranty and consumer protections claims fail because the plaintiff "does not sufficiently allege that Diet Dr Pepper misrepresented a promise to consumers that they could lose weight or maintain a healthy weight by using the product," Orrick wrote.
He added, "The term “diet” labeled on Diet Dr Pepper does not create an express or implied warranty to consumers that the product will lead to weight loss or healthy weight management."
In her complaint, Becerra, who has struggled with her weight for many years, stated that she drank Diet Dr Pepper regularly for over 13 years and claimed to believe it would help her "maintain a healthy weight."