Judge Tosses Diet Dr Pepper False Advertising Class Action For The Fourth And Final Time

A California federal judge recently ruled that the term "diet" alone on a soft drink label does not constitute a claim that the soft drink will assist in weight loss. On August 21, District Judge William H. Orrick of the Northern District of California dismissed in its entirety and with prejudice a third amended class action complaint filed by Diet Dr Pepper drinker against Dr Pepper/Seven Up Inc. (Dr Pepper). Becerra v. Dr Pepper/Seven Up, Inc., No. 17-cv-05921-WHO (N.D. Cal. Aug. 21, 2018)

Plaintiff Shana Becerra alleged that the company's use of the term "diet" in "Diet Dr Pepper" constituted false and misleading advertising in violation of California's False Advertising Law (FAL), Consumers Legal Remedies Act (CLRA), and Unfair Competition Law (UCL), as well as a breach of both express and implied warranties. She argued that use of the term "diet," because of its association with no sugar or calories, (i) falsely conveys to the reasonable consumer, that it is a