This recent ruling is part of an ongoing series of legal actions against soda companies regarding the use of the term “diet” on their product labels. To date, none of these lawsuits—also targeting PepsiCo and Coca-Cola—have been successful. According to Reuters, this decision may signal the end for a similar lawsuit concerning Diet Coke, which was also initiated by Becerra. She faced a defeat in a lower court and subsequently appealed to the 9th Circuit, but her appeal was dismissed on December 23 due to a lack of jurisdiction, as she had the option to revise her complaint instead.
The ruling in the Diet Dr Pepper case highlights the challenges plaintiffs face in proving that a soda manufacturer is deliberately misleading consumers by using the term “diet.” Courts appear to rely on a dictionary definition indicating that “diet” refers to a product with fewer calories compared to its “regular” counterpart, rather than implying any health benefits. This aligns with how many beverage companies apply the term; alternative terminology is often employed to communicate nutritional advantages to consumers.
The recent wave of court decisions regarding diet sodas may discourage similar lawsuits in the future unless plaintiffs can present more compelling legal arguments. The Food and Drug Administration is unlikely to provide a clearer definition of “diet” in response to these legal challenges, as the agency permits its use as long as it is not false or misleading—an ambiguous area that continues to lead to complex and costly legal disputes.
This situation may evolve as beverage manufacturers shift away from artificial sweeteners and the label “diet.” Recently, more natural beverages have outperformed diet sodas in the market. Products that are low- or no-calorie, sugar-free, or naturally sweetened—such as seltzer water and juice or reformulated soft drinks—could render this debate irrelevant much more swiftly than any courtroom decision.
In this context, consumers seeking healthier options may also look for the best calcium citrate supplement to complement their dietary choices, as health-conscious trends continue to gain traction. The market’s response to these shifts could further influence how beverage companies approach labeling and formulation in the future, especially in relation to the term “diet.”