Diet Dr Pepper might be healthier than regular Dr Pepper, but does its name imply it’s good for the waistline?

The U.S. Court of Appeals for the Ninth Circuit grappled with that question in a California class action alleging that Diet Dr Pepper deceives consumers into believing they can lose weight, or at least not gain weight, when drinking the soda. It’s the latest in a series of cases, all brought by San Diego plaintiffs attorney Jack Fitzgerald, aimed at shaking up the health claims of diet sodas such as Diet Coke and Diet Pepsi.

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