U.S. District Judge William H. Orrick tossed out the class action lawsuit entitled Becerra v. Dr Pepper/Seven Up Inc., (Case No. 3:17-cv-05921).
Plaintiff Shana Becerra claimed that Diet Dr Pepper improperly used the term “diet” to advertise its Diet Dr Pepper product.
Judge Orrick did not see it that way and tossed the lawsuit out with no opportunity for the consumer to revise her claims.
According to Judge Orrick “none of the studies supply the possibility of a causal link between Diet Dr Pepper and weight gain” to support the Diet Dr Pepper Class Action Lawsuit filed by Ms. Becerra.
The Diet Dr Pepper Class Action Lawsuit was under review in the U.S. District Court for the Northern District of California.
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