Ninth Circuit Confirms Dr Pepper Can Stick to its “Diet”
The Ninth Circuit recently affirmed the dismissal of a putative class action alleging that defendant Dr Pepper/Seven Up, Inc. (“Dr Pepper”) violated various California consumer fraud laws by using the term “diet” in naming and marketing Diet Dr Pepper. Becerra v. Dr Pepper/Seven Up, Inc., 945 F.3d 1225 (9th Cir. 2019). Plaintiff alleged that this “diet” label misled consumers by promising that the product would assist in weight loss or, at minimum, not cause…
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