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Wed Jan 1, 2020, 09:24 AM

Court won't reinstate suit over Diet Dr Pepper advertising

Calling a soft drink "diet" isn't a weight-loss promise, a federal appeals court said Monday. The Ninth U.S. Circuit Court of Appeals in San Francisco refused to reinstate a class-action lawsuit by a woman who argued that the makers of Diet Dr Pepper committed fraud.

Shana Becerra of Santa Rosa argued that she had been drinking Diet Dr Pepper for more than 13 years and "did not receive what she paid for" because of deceptive advertising, the San Francisco Chronicle reported.

But when used as an adjective, the dictionary definition of "diet" refers to a product that has fewer calories that the "regular" version of the product, said the ruling by Judge Jay Bybee in a 3-0 appellate panel decision. "No reasonable consumer would assume that Diet Dr Pepper's use of the term 'diet' promises weight loss or (weight) management," Bybee wrote.

In upholding a lower court's dismissal of her suit, the panel also dismissed Becerra's argument that the use of "attractive, fit models in the ads implies that Diet Dr Pepper will help its consumers achieve those bodies." The panel cited a federal appeals court ruling in New York in a similar case against Diet Coke that said the use of such models in advertising is ubiquitous and can't reasonably be understood to carry any specific meaning.

https://www.kob.com/us-news/court-wont-reinstate-suit-over-diet-dr-pepper-advertising/5594168/?utm_campaign=headlines&utm_medium=onsite&utm_source=zetaglobal

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Always highlight: 10 newest replies | Replies posted after I mark a forum
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Arrow 14 replies Author Time Post
Reply Court won't reinstate suit over Diet Dr Pepper advertising (Original post)
left-of-center2012 Jan 1 OP
Beakybird Jan 1 #1
MichMan Jan 1 #2
left-of-center2012 Jan 1 #3
Goodheart Jan 1 #8
left-of-center2012 Jan 1 #10
Wounded Bear Jan 1 #4
MichMan Jan 1 #5
dhol82 Jan 1 #7
Takket Jan 1 #6
Dagstead Bumwood Jan 1 #9
lpbk2713 Jan 1 #11
unblock Jan 1 #12
MichMan Jan 1 #13
Codeine Jan 1 #14

Response to left-of-center2012 (Original post)

Wed Jan 1, 2020, 09:31 AM

1. Dr. Pepper implies that it comes prescribed by a doctor.

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Response to Beakybird (Reply #1)

Wed Jan 1, 2020, 09:34 AM

2. Wouldn't you need a prescription to purchase it then?

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Response to Beakybird (Reply #1)

Wed Jan 1, 2020, 09:34 AM

3. Does it?

“Theories about the origins of the soft drink's name abound.”
https://en.wikipedia.org/wiki/Dr_Pepper#Name

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Response to Beakybird (Reply #1)

Wed Jan 1, 2020, 09:46 AM

8. Come on now.

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Response to Beakybird (Reply #1)

Wed Jan 1, 2020, 09:51 AM

10. "Dr. Pepper implies that it comes prescribed by a doctor."

So 'Sprite' was invented by pixies?

Definition of sprite
1a: ELF, FAIRY
b: an elfish person

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Response to left-of-center2012 (Original post)

Wed Jan 1, 2020, 09:34 AM

4. So, advertising is fake news. Who knew?

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Response to left-of-center2012 (Original post)

Wed Jan 1, 2020, 09:35 AM

5. Can't believe an attorney would even take such a frivolous case

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Response to MichMan (Reply #5)

Wed Jan 1, 2020, 09:41 AM

7. Exactly. They should have censured him.

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Response to left-of-center2012 (Original post)

Wed Jan 1, 2020, 09:39 AM

6. "dictionary definition of "diet" refers to a product that has fewer calories that the "regular"

version"

Duh.

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Response to left-of-center2012 (Original post)

Wed Jan 1, 2020, 09:46 AM

9. Meanwhile, poor Mr. Pibb still can't get a day in court.

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Response to left-of-center2012 (Original post)

Wed Jan 1, 2020, 09:54 AM

11. Hate to be the one to tell you Shana ...



but Big Biness isn't always completely honest and open with you.

We'll discuss the Easter Bunny and the Tooth Fairy at a later date.

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Response to left-of-center2012 (Original post)

Wed Jan 1, 2020, 10:16 AM

12. Coca-cola has neither cocaine nor kola nut

Used to, but have both, but not any more.

Bait and switch?

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Response to unblock (Reply #12)

Wed Jan 1, 2020, 12:52 PM

13. What!!! I'm suing the bastards !!

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Response to unblock (Reply #12)

Wed Jan 1, 2020, 01:05 PM

14. No wonder it feels weird

when I snort it.

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