Civil Litigation
Jan. 13, 2020
Fraud claims against Diet Dr. Pepper dismissed under reasonable consumer test
The 9th Circuit recently affirmed the dismissal of consumer fraud claims alleging that the use of the word “diet” in Diet Dr. Pepper was fraudulent and misleading to consumers.





Pooja S. Nair
Partner
Ervin Cohen & Jessup LLP
Email: pnair@ecjlaw.com
Pooja is a litigation attorney who has represented clients in the health care, life sciences, and banking industries in state and federal court, and has handled delicate compliance issues and internal investigations. She is a member of the firm's food and beverage department.
Fraud claims against Diet Dr. Pepper dismissed under reasonable consumer test
On Dec. 30, the 9th U.S. Circuit Court of Appeals affirmed the dismissal of consumer fraud claims alleging that the use of the word "diet" in Diet Dr. Pepper was fraudulent and misleading to consumers in Becerra v. Dr. Pepper/Seven Up, Inc., 2...
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