The Ninth U.S. Circuit Court of Appeals refused to reinstate a class-action lawsuit by a California woman who accused the makers of Diet Dr Pepper of false advertising. Shana Becerra filed a lawsuit claiming that she had been drinking Diet Dr Pepper for 13 years, believing it would help her lose weight.
When she failed to see significant weight loss, she blamed the soda and filed a lawsuit claiming she felt cheated that the sugary drink didn't help her shed any weight.
A lower court tossed out her suit, and she appealed to a three-judge panel with the Ninth Circuit. The panel agreed with the lower court's decision and wrote that "no reasonable consumer would assume that Diet Dr Pepper's use of the term 'diet' promises weight loss or management."
Becerra also filed a lawsuit against the makers of Diet Coke, but the same court threw out her lawsuit last week because it didn't have jurisdiction in the case.
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