Nothing Deceptive With "Diet" Drinks, Says The Ninth Circuit

The Ninth Circuit affirmed the dismissal of a complaint against Dr Pepper alleging that using the word "DIET" in the name "Diet Dr Pepper" was deceptive under California consumer-fraud statutes. The court looked at the complaint's allegations "taken together," and held they "fail to sufficiently allege that reasonable consumers read the word 'diet' in a soft drink's brand name to promise weight loss, healthy weight management, or other health benefits." And "[w]ithout this piece of the puzzle," the Ninth Circuit concluded, the district court properly dismissed plaintiff Becerra's consumer-fraud claims.

Becerra's essential allegation was that the word "DIET" in a soda's name is taken by consumers to promise weight loss (or at least weight management). The district court dismissed her complaint twice without prejudice for failing to state a claim. Despite several amendments to the complaint to make additional allegations to avoid dismissal, Becerra was never able to