CNN reports that the Ninth Circuit Court of Appeals has ruled that if a company makes a diet soda that doesn't make people lose weight, it does not mean that the company has engaged in false advertising.
So there.
According to the story, "The Ninth Circuit Court of Appeals' three judge panel has upheld a lower court's dismissal of a California woman's lawsuit against Dr Pepper/Seven Up Inc. for alleged false or misleading advertising. Shana Becerra of Santa Rosa, California claimed the Diet Dr Pepper's beverage branding and marketing implied it would help people lose weight, according to court documents filed Monday."
The original complaint argued that "due to the prominent use of the term 'diet' in the product's name, Diet Dr Pepper consumers reasonably believe that the product will assist in weight loss, or at least healthy weight management, for example, by not causing weight gain."
But the Ninth Circuit maintained that "no reasonable consumer would believe that the word 'diet' in a soft drink's brand name promises weight loss or healthy weight management."
The original suit was against Dr Pepper/Seven Up Inc., but a similar suit had been filed against Coca-Cola Inc. The plaintiff had been hoping to expand the suit to class action status.
So there.
According to the story, "The Ninth Circuit Court of Appeals' three judge panel has upheld a lower court's dismissal of a California woman's lawsuit against Dr Pepper/Seven Up Inc. for alleged false or misleading advertising. Shana Becerra of Santa Rosa, California claimed the Diet Dr Pepper's beverage branding and marketing implied it would help people lose weight, according to court documents filed Monday."
The original complaint argued that "due to the prominent use of the term 'diet' in the product's name, Diet Dr Pepper consumers reasonably believe that the product will assist in weight loss, or at least healthy weight management, for example, by not causing weight gain."
But the Ninth Circuit maintained that "no reasonable consumer would believe that the word 'diet' in a soft drink's brand name promises weight loss or healthy weight management."
The original suit was against Dr Pepper/Seven Up Inc., but a similar suit had been filed against Coca-Cola Inc. The plaintiff had been hoping to expand the suit to class action status.
- KC's View:
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I feel bad for the plaintiff, only because we all wish there were magic pills or potions that would cure our maladies and conditions. But there aren't … and that can be a hard lesson.
I've said it here before, and I'll say it again.
I’ve always told my kids that life essentially boils down to a simple equation:
Responsibility + Discipline = Autonomy
Not pills and potions.
And autonomy, I’ve always told them, is the Holy Grail when it comes to living your life.
