A soft drink label that includes the word “diet” — Diet Dr Pepper or Diet Coke, for example — isn’t a promise to help you lose weight or keep it under control.
Not according to a federal appeals court, anyway.
“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,” the Ninth U.S. Circuit Court of Appeals in San Francisco said Monday in a ruling refusing to reinstate a fraud suit against the makers of Diet Dr Pepper.
“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,” the court said.
Last week, the same court tersely dismissed an appeal by the same plaintiff against the makers of Diet Coke. In June, the Second U.S. Circuit Court of Appeals in