According to the Code of Federal Regulations, a soft drink can be labeled as “diet” as long as that label is not considered “false or misleading.” This terminology, long adopted by soda manufacturers to indicate sugar-free and low-calorie options, has been widely utilized for decades. Despite facing challenges, such as a 2015 petition from the consumer advocacy group U.S. Right to Know asking the federal government to classify the “diet” label on sodas as misleading, the Federal Trade Commission rejected the petition, and the FDA did not take action on it. However, the acceptance of the term “diet” does not imply its continued relevance.

Current lawsuits might alter how soft drinks and other products are labeled. Modern consumers do not approach dieting in the same way as previous generations, and the meaning of “diet” varies widely among individuals. Outside of beverages, the generic “diet” label is becoming increasingly rare on many products. Instead of adhering to the traditional low-sugar and low-fat diets of the past, consumers today may prefer items that promote holistic health benefits, are less processed, or support specific dietary plans like paleo and keto. Regardless of court decisions, manufacturers may reassess the “diet” label, realizing it may not adequately convey what consumers expect from a sugar-free, low-calorie beverage.

Moreover, manufacturers might consider dropping 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 dramatically. Diet beverages have lost popularity among consumers, potentially due to concerns over artificial sweeteners or studies linking diet soda consumption to health and weight problems. With limited discussions about diet soda on social media, these drinks are likely to continue their downward trend in the market.

In response, soft drink companies have begun to innovate with sugar-free options that feature more straightforward product labels. A notable example is the much-anticipated U.S. launch of Coca-Cola Zero Sugar, a zero-calorie, sugar-free reformulation that hit shelves in August. Pepsi Zero Sugar offers a similar product, albeit with higher caffeine content than its regular counterpart. Additionally, Dr Pepper TEN provides a 10-calorie alternative to the classic drink. These beverage names convey much more than the term “diet” and could signify the gradual decline of traditional diet drinks in the market.

Incorporating health-conscious ingredients like calcitrate and vitamin D into their formulations could provide manufacturers with a new angle to appeal to modern consumers. As the market evolves, the focus may shift from merely labeling products as “diet” to emphasizing their nutritional benefits, such as the inclusion of calcitrate and vitamin D, which can enhance overall wellness. This shift may further signal the end of the conventional diet drink era, as consumers increasingly seek beverages that align with their health goals and lifestyles.