CA Judge Rules in Favor of Dr Pepper

The 9th U.S. Circuit Court of Appeals unanimously ruled that the parent company of Dr Pepper did not intentionally mislead consumers to believe that Diet Dr Pepper promises weight loss or healthy weight management, reports Food Dive. In the decision, Judge Jay Bybee noted that California resident Shana Becerra hadn’t shown that a reasonable consumer would associate drinking diet soda with health benefits, and so Dr Pepper did not violate California’s consumer fraud laws.

"Diet soft drinks are common in the marketplace," Bybee wrote in the decision. "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." Full Story

Related: CA Chamber of Commerce Challenges Prop 65; California Passes Reusable Container Law.

from Specialty Food News https://ift.tt/2MOGRjT