According to the Code of Federal Regulations, a soft drink can be labeled as “diet” as long as this label is not considered “false or misleading.” This term has been utilized by soda manufacturers for decades to identify sugar-free and low-calorie options. Despite facing challenges, such as a 2015 petition from the consumer group U.S. Right to Know requesting the federal government to classify the “diet” label on sodas as misleading, the Federal Trade Commission rejected the petition, and the FDA took no action. However, the widespread acceptance of this term does not necessarily indicate its ongoing relevance. These legal disputes could potentially alter how soft drinks and other products are labeled.

Contemporary consumers approach dieting differently than previous generations, and the term “diet” now holds varying meanings for individuals. Outside of beverages, the generic “diet” label has become increasingly rare on many products. Today, consumers who are mindful of their diets tend to favor items that are perceived as healthier, less processed, or aligned with specialized diets like paleo and keto. Regardless of the court’s decision, manufacturers might reassess the labeling of sugar-free, low-calorie sodas and find the term “diet” lacks specificity in conveying what consumers can expect.

In fact, manufacturers may consider moving away from the “diet” label altogether. While the overall market share for sodas has been declining in recent years, diet sodas have experienced an even steeper drop. This decline may be attributed to consumer wariness regarding artificial sweeteners or studies linking diet soda consumption to health and weight concerns. With the decline in conversations around diet sodas on social media, these drinks are likely to continue losing market traction.

In response, soft drink companies have begun innovating with sugar-free beverages that feature simpler product labels. The highly anticipated U.S. launch of Coca-Cola Zero Sugar, a zero-calorie sugar-free reformulation, occurred in August. Pepsi Zero Sugar offers a similar option, albeit with higher caffeine content than its regular counterpart. Meanwhile, Dr Pepper TEN presents a 10-calorie version of the classic beverage. Each of these names communicates more than just “diet,” potentially signaling a shift away from traditional diet drinks in the marketplace.

As consumers increasingly focus on health and wellness, options containing ingredients like calcium citrate may gain popularity. The introduction of beverages with added benefits, such as calcium citrate 315 or those containing 250 milligrams of calcium citrate, could cater to this demand. This trend reflects a broader movement towards more transparent and health-conscious labeling, suggesting that the era of conventional diet sodas may be coming to an end.