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California consumer files an array of class action lawsuits against Diet Coke, Diet Dr.Pepper and Diet Pepsi

Legal Newsline, October 27, 2017

Diet Coke ads deceive consumers, class action claims

By: Jenie Mallari-Torres

A consumer has filed a class action lawsuit against Coca-Cola, alleging that Diet Coke is misleadingly marketed as a weight-loss beverage.

Shana Becerra of Santa Rosa filed a complaint on behalf of herself, all others similarly situated and the general public on Oct. 16 in the U.S. District Court for the Northern District of California against the Coca-Cola Co., alleging that the beverage company marketed a product that is likely to deceive reasonable consumers.

According to the complaint, Becerra and others have been harmed from the defendant's misleading and unlawful practice of falsely advertising the nutritional value of its beverage products. The beverages contain aspartame, an ingredient associated with diabetes and metabolic and cardiovascular diseases, the complaint says.

The plaintiffs hold the Coca-Cola Co. responsible because the defendant allegedly failed to disclose the increased risk of weight gain and chronic diseases from the usual consumption of the product, and falsely represented that their products have good characteristics, uses or benefits.

The plaintiffs request a trial by jury and seek judgment against defendant, certify class action, corrective advertising, restitution, statutory, compensatory and punitive damages, expenses, attorneys' fees and any further relief the court deems necessary. They are represented by Jack Fitzgerald of the Law Office of Jack Fitzgerald PC in San Diego and Andrew Sacks and John Weston of Sacks Weston Diamond LLC in Philadelphia.

Diet Dr. Pepper falsely advertised as weight-loss drink, lawsuit claims

By: Noddy A. Fernandez

A consumer has filed a class action lawsuit against Diet Dr. Pepper, alleging that the beverage's manufacturer has engaged in false advertisement and unjust enrichment.

Shana Becerra of Santa Rosa, on behalf of herself, all others similarly situated and the general public, filed a complaint on Oct. 16 in the U.S. District Court for the Northern District of California against Dr. Pepper Snapple Group Inc. The plaintiff alleges violations of California's False Advertising Law and Federal Food, Drug, and Cosmetic Act (FDCA).

According to the complaint, Becerra alleges that on Oct. 16, 2013, she purchased a Diet Dr. Pepper drink because it was advertised to assist in weight loss. But the product's non-nutritive sweeteners, like aspartarme, interfere with the body's ability to properly metabolize calories, leading to weight gain and increased risk of metabolic disease, diabetes and cardiovascular disease, the complaint says.

The plaintiff holds Dr. Pepper Snapple Group Inc. responsible because the defendant allegedly failed to reveal facts that were material with respect to the consequences that may result from use of the product and failed to disclose the increased risk of weight gain, and of serious chronic disease, likely to result from the usual consumption of Diet Dr. Pepper.

The plaintiff requests a trial by jury and seeks judgment for pay all statutory, compensatory, and punitive damages, pre- and post-judgment interest, costs, expenses, attorneys' fees and any other relief the court deems proper. They are represented by Jack Fitzgerald, Trevor M. Flynn and Melanie Persinger of the Law Office of Jack Fitzgerald PC in San Diego and of Sacks Weston Diamond LLC in Philadelphia.

Class action suit calls Diet Pepsi ads false, misleading

By: Noddy A. Fernandez

A Santa Rosa consumer has filed a class action lawsuit against PepsiCo over its marketing of Diet Pepsi.

Shana Becerra, on behalf of herself, all others similarly situated and the general public, filed a complaint on Oct. 16 in the U.S. District Court for the Northern District of California against PepsiCo Inc., alleging violations of the Federal Food, Drug, and Cosmetic Act (FDCA), California's False Advertising Law and the Consumers Legal Remedies Act.

According to the complaint, the plaintiff alleges that the defendant's advertisement of calorie-free Diet Pepsi as a way to assist in weight loss or management is false, misleading and unlawful due to its non-nutritive sweeteners, which can lead to weight gain, increased risk of metabolic disease, diabetes and cardiovascular disease. As a result, the plaintiff suffered loss of money and health risks, the complaint says.

The plaintiff holds PepsiCo Inc. responsible because the defendant allegedly failed to disclose the harmful effects of the drink, including an increased risk of weight gain and serious chronic disease.

The plaintiff requests a trial by jury and seeks statutory, compensatory, and punitive damages, pre- and post-judgment interest, costs, expenses and attorneys' fees, and any other and further relief the court deems proper. She is represented by Jack Fitzgerald, Trevor M. Flynn and Melanie Persinger of the Law Office of Jack Fitzgerald PC in San Diego and Andrew Sacks and John Weston of Sacks Weston Diamond LLC in Philadelphia.