Another Diet Soda Case Dismissed

Another Diet Soda Case Dismissed

Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York dismissed a putative class action against the Pepsi-Cola Company alleging that the use of the term "diet" in marketing Diet Pepsi deludes consumers into believing that consuming the beverage will cause them to lose weight.  Judge Engelmayer held that the term "diet" in the context of a diet soda merely connotes that Diet Pepsi has fewer calories than regular Pepsi, and that the studies cited by the plaintiffs' for the proposition that diet beverages caused weight gain did not support such a conclusion.  [5/19/18]

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