Second Circuit Confirms Diet Soda Dismissal

The U.S. Court of Appeals for the Second Circuit has affirmed a lower court’s dismissal of a lawsuit alleging that the name “Diet Pepsi” misleads consumers into believing that the product will assist with weight loss. Manuel v. Pepsi-Cola Co., No. 18-1748 (2nd Cir., entered March 15, 2019). “The studies cited by the complaint establish, at most, that people who drink beverages containing non‐nutritive sweeteners continue to gain weight,” the appeals court found. “None of the studies purports to establish a causal relationship between non‐nutritive sweeteners and weight gain to a degree that is sufficiently strong. Therefore, Plaintiffs cannot raise a plausible inference that the use of the word ‘diet’ is false, inaccurate, or misleading. Accordingly, the district court properly dismissed the complaint.”