Suit Claiming Diet Coke Misleads on Weight Loss Dismissed

Suit Claiming Diet Coke Misleads on Weight Loss Dismissed

In a much-watched case involving claims that “diet” soft drinks mislead consumers into believing that consuming such beverages will lead to weight loss, Judge William Alsup of the U.S. District Court for the Northern District of California has dismissed all such claims against The Coca-Cola Company with leave to replead, finding that the existing Complaint failed “to sufficiently allege Coca-Cola misrepresented to consumers that Diet Coke would aid in weight loss or healthy weight management without regard to exercise and nutrition.” Importantly, however, Judge Alsup also held that plaintiffs’ claims were not preempted by the federal Nutrition Labeling and Education Act or barred by California’s safe harbor rule.  [3/2/18]

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