"diet" to describe the reduced calorie alternatives to their traditional sugary soft drinks, a federal appellate court has ruled.
In her original complaint, Becerra said she has struggled with obesity since she was a child. She claimed she had purchased and drank Diet Dr Pepper for more than 13 years believing it would help her manage her weight, adding that she"did not receive what she paid for." A judge ultimately ruled against Becerra, who eventually appealed the case to the Ninth District Court, court records show.
Last month, however, the Ninth Circuit supported the lower court's ruling arguing"no reasonable consumer would believe that the word 'diet' in a soft drink's brand name promises weight loss or healthy weight management," adding that Becerra's suit failed to show that"members of the public are likely to be deceived."