A woman lost a lawsuit she filed against a diet soda brand, alleging that she was misled into believing that it would help her shed some pounds, which it clearly didn’t.
Three judges from a California’s 9th circuit appeals court rejected the case and ruled that diet soda doesn’t claim to aid weight loss.
According to the judgment, “The prevalent understanding of the term in (the marketplace) is that the “diet” version of a soft drink has fewer calories than its “regular” counterpart. Just because some consumers may unreasonably interpret the term differently does not render the use of “diet” in a soda’s brand name false or deceptive.”
The case was filed by Shana Bacerra who claimed that she was deceived by Dr. Pepper into consuming its diet drink, which she did for nearly 13 years in the hope that it would make her lose weight.
The judges were of the opinion that the word “diet” is usually used for products that have lesser calories than the “regular” versions.
Ms Bacerra also felt cheated because of all the attractive models displayed in Dr. Pepper’s advertisements.
Judge Jay Bybee wrote in the decision that the portrayal of fit and attractive people in ads “cannot be reasonably understood to convey any specific meaning at all.”
The woman also blamed the beverage manufacturers for using aspartame in their drinks as an artificial sweetener, which she believed caused further weight gain.
Ms Bacerra lost both cases as she was unable to produce any evidence regarding misleading advertising and ill effects of aspartame.