Diet Dr. Pepper

December 2019: The Ninth Circuit Court of Appeals affirmed the district court’s decision in the Becerra case concluding that reasonable consumers would not think that the word “Diet” in the product name promises weight loss, healthy weight management, or other health benefits.

May 2019: The Second Circuit Court of Appeals affirmed the dismissal of the Excevarria case concluding that the plaintiffs failed to state a claim upon which relief could be granted.

September 2018: The named plaintiff in the Becerra case filed a Notice of Appeal regarding the August 2018 dismissal order. (Becerra v. Dr Pepper/Seven Up, Inc., Case No. 18-16721, 9th Cir.)

August 2018: A federal judge dismissed the Becerra case When a complaint is dismissed with prejudice, it cannot be refiled. concluding that the allegations were not plausible.

April 2018: Plaintiffs in the Becerra case filed an amended complaint similarly alleging that the company misleadingly markets that Diet Dr. Pepper will assist in weight loss and healthy weight management when, according to the complaint, the soda is sweetened with a nonnutritive sweetener and scientific evidence shows that these sweeteners may lead to weight gain and an increased risk of diseases, including diabetes and cardiovascular disease.

May 2018: A federal judge denied plaintiffs’ motion to file an amended complaint in the Excevarria case. Also in May, plaintiffs filed a Notice of Appeal regarding the April 2018 dismissal and the May 2018 decision.

April 2018: The Excevarria case was dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled..

March 2018: A federal judge dismissed the Becerra case concluding that reasonable consumers would not be misled by the advertising at issue and that the complaint failed to cite any scientific study showing a link between aspartame and weight gain. Plaintiffs were given 20 days to file an amended complaint.

October 2017: Two class-action lawsuits were filed against Dr. Pepper Snapple Group for allegedly making consumers believe that drinking Diet Dr. Pepper will assist weight loss and management by misleadingly marketing the soda as “diet” when, according to the complaint, the soda is sweetened with an artificial sweetener (specifically, aspartame) and scientific evidence shows that artificial sweeteners lead to weight gain and increases the risk of metabolic disease, diabetes, and cardiovascular disease. Click on the links below to read the complaints.

• Becerra et al v. Dr. Pepper Snapple Group, Inc., Case No. 17-cv-5921, N.D. Cal.
• Excevarria et al v. Dr. Pepper Snapple Group Inc. and Dr. Pepper/Seven Up, Inc., Case No. 17-cv-7957, S.D.N.Y.

For more information about other class-action lawsuits regarding soda and TINA.org’s coverage of the product, click here.