SAN FRANCISCO — A consumer has filed a class action lawsuit against Diet Dr. Pepper, alleging that the beverage's manufacturer has engaged in false advertisement and unjust enrichment.
Shana Becerra of Santa Rosa, on behalf of herself, all others similarly situated and the general public, filed a complaint on Oct. 16 in the U.S. District Court for the Northern District of California against Dr. Pepper Snapple Group Inc. The plaintiff alleges violations of California's False Advertising Law and Federal Food, Drug, and Cosmetic Act (FDCA).
According to the complaint, Becerra alleges that on Oct. 16, 2013, she purchased a Diet Dr. Pepper drink because it was advertised to assist in weight loss. But the product's non-nutritive sweeteners, like aspartarme, interfere with the body's ability to properly metabolize calories, leading to weight gain and increased risk of metabolic disease, diabetes and cardiovascular disease, the complaint says.
The plaintiff holds Dr. Pepper Snapple Group Inc. responsible because the defendant allegedly failed to reveal facts that were material with respect to the consequences that may result from use of the product and failed to disclose the increased risk of weight gain, and of serious chronic disease, likely to result from the usual consumption of Diet Dr. Pepper.
The plaintiff requests a trial by jury and seeks judgment for pay all statutory, compensatory, and punitive damages, pre- and post-judgment interest, costs, expenses, attorneys' fees and any other relief the court deems proper. They are represented by Jack Fitzgerald, Trevor M. Flynn and Melanie Persinger of the Law Office of Jack Fitzgerald PC in San Diego and of Sacks Weston Diamond LLC in Philadelphia.
U.S. District Court for the Northern District of California Case number 3:17-cv-05921-SK