SAN FRANCISCO (Legal Newsline) — A Santa Rosa consumer has filed a class action lawsuit against PepsiCo over its marketing of Diet Pepsi.
Shana Becerra, 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 PepsiCo Inc., alleging violations of the Federal Food, Drug, and Cosmetic Act (FDCA), California's False Advertising Law and the Consumers Legal Remedies Act.
According to the complaint, the plaintiff alleges that the defendant's advertisement of calorie-free Diet Pepsi as a way to assist in weight loss or management is false, misleading and unlawful due to its non-nutritive sweeteners, which can lead to weight gain, increased risk of metabolic disease, diabetes and cardiovascular disease. As a result, the plaintiff suffered loss of money and health risks, the complaint says.
The plaintiff holds PepsiCo Inc. responsible because the defendant allegedly failed to disclose the harmful effects of the drink, including an increased risk of weight gain and serious chronic disease.
The plaintiff requests a trial by jury and seeks statutory, compensatory, and punitive damages, pre- and post-judgment interest, costs, expenses and attorneys' fees, and any other and further relief the court deems proper. She is represented by Jack Fitzgerald, Trevor M. Flynn and Melanie Persinger of the Law Office of Jack Fitzgerald PC in San Diego and Andrew Sacks and John Weston of Sacks Weston Diamond LLC in Philadelphia.
U.S. District Court for the Northern District of California Case number 3:17-cv-05918-SK