Diet soda does not pretend to help people lose weight, a California appeals court has ruled in a lawsuit filed by a woman who drunk diet soda for more than 10 years, yet failed at weight loss.
If you have ever thought that just my drinking diet soda you will lose weight, this is a very interesting court ruling to consider.
What does ‘diet’ soda mean
“The prevalent understanding of the term in (the marketplace) is that the ‘diet’ version of a soft drink has fewer calories than its ‘regular’ counterpart,” a three-judge panel with the US 9th Circuit Court of Appeals unanimously decreed Monday.
“Just because some consumers may unreasonably interpret the term differently does not render the use of ‘diet’ in a soda’s brand name false or deceptive.”
Shana Becerra filed a fraud lawsuit against the company behind Diet Dr. Pepper but a lower court tossed it out.
She claimed she had been tricked into buying the soda for 13 years and had not lost a single pound.
Diet refers to “fewer calories than regular”
The appeals court found that when “diet” is used as an adjective, as it is on the soda cans, it refers to something with fewer calories than the “regular” version of the product.
Ads showing slim and beautiful people using the products “cannot be reasonably understood to convey any specific meaning at all,” Bybee wrote.
Shana also filed a similar lawsuit against Diet Coke that was thrown out the prior week.
She claimed that she “did not receive what she paid for” when she bought the soda.
All in all, the court ruled that Shana failed to prove false advertising and fraud so the answer is no, diet does not advertise weight loss.
Source: Saul, Emily. “‘Diet’ soda does not advertise weight loss, court rules” www.nypost.com January 1, 2020