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 terminology, long employed by soda manufacturers to indicate sugar-free and low-calorie options, has been prevalent for decades and has withstood various challenges. For instance, in 2015, the consumer advocacy group U.S. Right to Know petitioned the federal government, urging that the “diet” label on sodas be classified as misleading. However, the Federal Trade Commission rejected the petition, and the FDA did not take any action on it.
Despite the term’s acceptance, its relevance may be diminishing. Ongoing lawsuits could influence how soft drinks and other products are labeled in the future. Today’s consumers do not diet in the same way as previous generations, and the label “diet” holds different meanings for different people. Outside of beverages, the generic “diet” label is becoming less common on many products. Rather than adhering to the traditional low-sugar or low-fat diet of the past, consumers focused on their dietary choices may now prefer products with broader health benefits, less processing, or those that align with specialized diets such as paleo and keto. Regardless of the court’s decision, manufacturers might reconsider the “diet” label, recognizing that it may not accurately convey what consumers receive from a sugar-free, low-calorie soda.
Moreover, manufacturers may consider abandoning the “diet” label altogether. While the overall market share for soda has been declining in recent years, the share of diet soda has plummeted even more rapidly. Diet beverages have fallen out of favor among consumers, potentially due to concerns over artificial sweeteners or research linking diet soda consumption to health and weight issues. With minimal discussions surrounding diet soda on social media, these drinks are likely to continue losing market relevance.
In response, soft drink companies are innovating with sugar-free offerings that feature more straightforward product labeling. A notable example is the U.S. launch of Coca-Cola Zero Sugar, a zero-calorie, sugar-free reformulation that hit shelves in August. Similarly, Pepsi Zero Sugar offers a comparable option, albeit with higher caffeine content than its regular counterpart. Additionally, Dr Pepper TEN provides a 10-calorie version of the classic drink. All these beverage names convey much more than just “diet,” potentially signaling the decline of traditional diet drinks in the marketplace. Furthermore, some of these new products are incorporating ingredients like cal citrate, which is gaining attention for its health benefits. As the industry evolves, the use of cal citrate may become more prevalent, marking a shift towards labels that resonate more with health-conscious consumers.