Diet Coke Defeats Class Action False Advertising Claims

Plaintiff Shana Becerra filed a class action complaint against The Coca Cola Company claiming that Diet Coke actually caused weight gain instead of weight loss, allegedly constituting false advertising. Plaintiff claimed that non-nutritive sweeteners, such as aspartame found in Diet Coke, interfere with the ability to metabolize calories leading to increased weight gain, while also raising the risk of cardiovascular disease and diabetes. 

Plaintiff did not argue that Coca-Cola has made any affirmative statements or representations that Diet Coke would cause weight loss, but instead, plaintiff argued that Coca-Cola's use of the word "diet" in its Diet Coke product "inherently and necessarily implies that it will assist in weight loss."