The Ninth Circuit has “refused to reinstate a class-action lawsuit by a woman who argued that the makers of Diet Dr Pepper committed fraud.” “No reasonable consumer would assume that Diet Dr Pepper’s use of the term ‘diet’ promises weight loss or management,” wrote Judge Jay Bybee. The unanimous three-judge panel also declined to accept of lawyers for named plaintiff Shana Becerra that the depiction of “attractive, fit models in the ads implies that Diet Dr Pepper will help its consumers achieve those bodies.” [AP/NBC Los Angeles; opinion in Becerra v. Dr Pepper/SevenUp at Court Listener]

Also: “Woman sues Blue Buffalo dog food company for making her pooch fat” [Emily Saul, New York Post]

Filed under: animals, class actions, obesity, soft drinks