Plaintiffs Cling to Slim Chance of Success in 9th Circuit After 2ndd Circuit Affirms the Term “Diet” is Not False and Misleading in Name of Soft Drink Sweetened with Aspartame


2nd Circ. Cans Diet Coke Drinkers’ False Ad Suit (Subscription to Legislation360 required)

  • The U.S. Court of Appeals for the 2nd Circuit dismissed the plaintiffs’ lawsuit in Geffner v. The Coca Cola Company, Case No. 18-16721, Decided: June 27, 2019 over claims that the “diet” labeling in Diet Coke is false and deceptive. The panel affirmed its choices earlier this 12 months in comparable lawsuits involving Diet Pepsi and Diet Dr Pepper that, in the context of gentle drinks, the time period “diet” refers to calorie content material, and it has no absolute that means, such that in order to meet federal promoting requirements, a weight loss plan gentle drink want solely have fewer energy than its non-diet model.
  • Plaintiffs in weight loss plan soda lawsuits don’t dispute that gentle drinks sweetened with aspartame have fewer energy than their non-diet counterparts however contend that the phrase “diet” on such labels is however deceptive as a result of shoppers fairly imagine the drinks will assist with weight reduction and drinks containing aspartame as a substitute contribute to weight acquire. The regulation agency representing the plaintiffs in Geffner has indicated they are going to pursue this argument in comparable claims involving Diet Dr Pepper on behalf of different plaintiffs in the 9th Circuit.
  • As we’ve got beforehand reported, the Federal District Court for the Northern District of California has repeatedly dismissed false promoting claims in opposition to Diet Dr Pepper, stating in its dismissal of the plaintiffs’ third amended criticism that new research “still fail to offer a single finding of causation between aspartame or diet soda products and weight gain…correlation is not causation, neither for purposes of science nor the law.” We will not be conscious of new scientific information that may make a fourth amended criticism any extra doubtless to succeed.



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