March 15, 2019 / 11:42 PM / 5 months ago

2nd Circuit takes the fizz out of consumers' diet soda claims

A federal appeals court has affirmed the dismissal of a class action lawsuit accusing Pepsi-Cola Co of falsely advertising their zero-calorie soft drinks as “diet.”

The 2017 lawsuit filed in federal court in Manhattan had argued the use of the word “diet” misled consumers into thinking “the product will assist in weight loss, or at least healthy weight management,” when it caused weight gain instead.

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