Diet Pepsi

March 2019: The Second Circuit Court of Appeals affirmed the district court’s dismissal concluding that the plaintiffs cannot plausibly allege that the use of the word diet is misleading.

June 2018: Plaintiffs filed a Notice of Appeal regarding the May 2018 dismissal. (Case No. 18-1748, 2nd Cir.)

May 2018: A federal judge dismissed this lawsuit. To read about the judge’s reasons for dismissing the case, click here.

January 2018: Plaintiffs filed an amended complaint.

October 2017: A class-action lawsuit was filed against Pepsi-Cola Company for allegedly making consumers believe that drinking Diet Pepsi will assist weight loss and management by misleadingly marketing the soda as “diet” when, according to the complaint, the soda contains artificial sweeteners (specifically, aspartame acesulfame-potassium and sucralose) and scientific evidence shows that artificial sweeteners lead to weight gain and increases the risk of metabolic disease, diabetes, and cardiovascular disease. (Manuel et al v. Pepsi-Cola Company, Case No. 17-cv-7955, S. D. NY.)

For more information about other class-action lawsuits regarding soda and’s coverage of the product, click here.

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