Tag: soda/soft drink
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Massachusetts Court Dismisses Ginger Ale Claims
A Massachusetts federal court has dismissed allegations against Polar Corp. asserting the company’s ginger ale products contain a “miniscule amount” of ginger that “provides none of the health benefits consumers associate with real ginger.” Fitzgerald v. Polar Corp., No. 20-10877 (D. Mass., entered November 10, 2020). The court noted that the complaint “appears to have been…
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Berkeley Bans Soda and Candy Displays in Checkout Lanes
Berkeley, California, has reportedly passed an ordinance that will prevent grocery stores from displaying candy and soft drinks at the point of sale in an effort to encourage the consumption of food with more nutritional benefits, such as fruits and nuts. The ordinance, which applies to retailers with more than 2,500 square feet, states that…
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Researchers Purportedly Find Link Between Soda Consumption and Early Mortality
A study examining the health effects of soft drink consumption in 10 European countries reportedly found that both sugar-sweetened and artificially sweetened beverages are associated with greater all-cause mortality. Mullee et al., “Association Between Soft Drink Consumption and Mortality in 10 European Countries,” JAMA Internal Medicine, September 3, 2019. The researchers assessed dietary intake of…
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Second Circuit Confirms Diet Soda Dismissal
The U.S. Court of Appeals for the Second Circuit has affirmed a lower court’s dismissal of a lawsuit alleging that the name “Diet Pepsi” misleads consumers into believing that the product will assist with weight loss. Manuel v. Pepsi-Cola Co., No. 18-1748 (2nd Cir., entered March 15, 2019). “The studies cited by the complaint establish,…
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Court Dismisses Aspartame Claims Against Diet Dr Pepper
A California federal court has dismissed with prejudice a putative class action alleging that Diet Dr Pepper is falsely advertised as a weight-loss product. Becerra v. Dr Pepper/Seven Up, Inc., No. 17-5921 (N.D. Cal., entered August 21, 2018). The plaintiff alleged that the term “diet” leads consumers to believe the beverage is a weight-loss or weight-management…
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Federal Court Dismisses Diet Pepsi Putative Class Action
A federal court in New York has dismissed with prejudice a putative class action alleging that Pepsi-Cola Co. falsely and deceptively used the term “diet” for its Diet Pepsi, leading consumers to believe that the beverage would help them lose weight or assist with “healthy weight management.” Manuel v. Pepsi-Cola Co., No. 17-7955 (S.D.N.Y., entered May…
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Court Denies Dr Pepper’s Motion to Dismiss Ginger Ale Suit
A Missouri federal court has denied Dr Pepper Snapple Group Inc.’s motion to dismiss a putative class action alleging Canada Dry Ginger Ale is falsely labeled because it does not contain ginger. Webb v. Dr Pepper Snapple Grp. Inc., No. 17-0624 (W.D. Mo., entered April 25, 2018). The plaintiff alleged that although the labeling, packaging…
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SSB-Tax Advocacy Groups Seek to Amend Washington Initiative
The American Heart Association, Childhood Obesity Prevention Coalition and Anti-Hunger and Nutrition Coalition have filed a lawsuit to appeal and amend the ballot title and summary of an initiative that would ban Washington’s local governments from levying new taxes on sugar-sweetened beverages (SSBs). In re Ballot Title & Summary for Initiative No. 1634, No. 18-2-01924-34 (Wash.…