January 02, 2020
Diet Dr Pepper's use of the word "diet" doesn't mislead consumers into believing the soda helps with weight loss, the Ninth Circuit ruled this week, noting that using "diet" in a soda's brand name is "understood as a relative claim about the calorie content" compared with the same brand's regular option.
December 04, 2019
A Diet Dr Pepper drinker urged the Ninth Circuit at a hearing Wednesday to revive her putative class action alleging the soda's name misleads consumers into believing it helps with weight loss, arguing a lower court tossed the case prematurely and evidence shows consumers drink it to avoid calories.
March 27, 2019
Dr Pepper has asked the Ninth Circuit not to revive a proposed class action alleging Diet Dr Pepper misleadingly advertises that it helps with weight loss, saying other courts have already dismissed the same claims in several other cases.
January 24, 2019
A California soda drinker has asked the Ninth Circuit to revive her proposed class action against Dr Pepper/Seven Up Inc., saying the district court was too quick to dismiss her claims that the "Diet" in Diet Dr Pepper misleads customers into thinking the drink could help with weight management.