Calling It "Diet" Soda Doesn't Mean That It Will Help Consumers Lose Weight

A federal district court in California recently dismissed a lawsuit brought against Dr Pepper/Seven Up, Inc. ("Dr Pepper") that alleged that the company misled consumers by using the term "diet" in the product name of its "Diet Dr Pepper" product.  

In Becerra v. Dr Pepper/Seven Up, Inc., the plaintiff alleged that Dr Pepper's use of the term "diet" misled consumers into believing that Diet Dr Pepper would assist in weight loss or healthy weight management.  She also claimed that studies showed that the product may actually cause weight gain.  Dr Pepper argued, however, that it used the term "diet" merely to communicate that the product had no calories because it is sweetened with artificial sweetener.