US woman sues soda brand for not making her lose weight, loses case

A US woman hailing from California had filed a lawsuit against a diet soda brand, claiming that she was misled into believing that it would help her lose some weight, which it did not. A three-judge bench from a California's 9th circuit appeals court rejected the case and ruled that the diet soda company does not claim anything for weight loss. According to the verdict, "The prevalent understanding of the term in (the marketplace) is that the "diet" version of a soft drink has fewer calories than its "regular" counterpart. 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."

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Judges rejected her case

As per the reports, the case was filed by Shana Bacerra who allegedly claimed that she was misled by a doctor named Pepper for consuming diet drink which she practised for almost 13 years hoping that it would help her shed some weight. The judges came up with their opinion explaining that the word 'diet' is generally used for products with lesser calories as compared to the regular ones. Bacerra also claimed that she was deceived as a lot of attractive models were displayed in Pepper's advertisements. Judge Jay Bybee ruled that the portrayal of fit and attractive people in ads "cannot be reasonably understood to convey any specific meaning at all."

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Woman claims she was misled

It was not the first lawsuit lodged by the woman but last week her case against Diet Coke was rejected by the same court. The woman blamed the diet coke manufacturers for using aspartame in their drinks, which is an artificial sweetener and claimed that it resulted in her gaining further weight. But, unfortunately, she lost both the cases as she was unable to come up with any evidence regarding misleading advertising and ill effects of aspartame.
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