A federal appeals court said soda companies that use “diet” in their branding did not intentionally deceive consumers into thinking those drinks would lead to weight loss.
Judges of the Ninth U.S. Circuit Court of Appeals upheld a lower court decision to dismiss a lawsuit (pdf) brought forward by California resident Shana Becerra claiming that the makers of Diet Dr Pepper had misled consumers by using “diet” on its labels and utilized “attractive, fit models” in its advertising.
