SAN FRANCISCO –– Dr. Pepper/Seven Up Inc. will not have to face a class-action lawsuit filed by a woman who claimed diet soda did not help her lose weight.
In his Aug. 21 order, Judge William Orrick of the U.S. District Court for the Northern District of California dismissed the lawsuit filed by Shana Becerra. She alleged the soda company's use of the word "diet" is associated with no sugar or calories, and so she should have lost weight.
The complaint asked the court to order the company to stop using the word "diet" when marketing its product.
Orrick disagreed a reasonable person would see diet soda as a weight loss tool.
“Considering the allegations in the [complaint], 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,” Orrick wrote in the order. “Becerra does not plausibly allege that the term ‘diet’ as used in ‘Diet Dr Pepper’ brand name is false or misleading, or that the science supports causation between aspartame and weight gain.”
The judge brought up the continued scrutiny over aspartame, which is used in diet soda, but noted the Food and Drug Administration has deemed the chemical safe. Becerra did submit studies showing aspartame may increase the liklihood that consumers would gain weight, but Orrick said the data still did not prove that the use of the word "diet" was false advertising.