Dr. Pepper Snapple Group, Inc.’s (DPSG) popular beverage, Diet Dr. Pepper, is sweetened with aspartame, a non-caloric sweetener, rather than sugar. Because of the product’s use of the term “diet,” and its lack of calories, consumers reasonably believe that drinking Diet Dr. Pepper will assist in weight loss or management.
According to the complaint, scientific evidence demonstrates this is wrong because non-nutritive sweeteners like aspartame interfere with the body’s ability to properly metabolize calories, leading to weight gain and increased risk of metabolic disease, diabetes, and cardiovascular disease.
As alleged, DPSG’s marketing Diet Dr. Pepper as “diet” is false, misleading, and unlawful. Plaintiff brings this action on behalf of herself, other Diet Dr. Pepper consumers, and the general public, to enjoin DPSG from continuing to misleadingly advertise Diet Dr. Pepper, and to recover restitution and damages for the class.