Is “Diet” Soda the New Tobacco? | Class Action Law Suit vs. The Coca-Cola Co., Pepsi-Cola Co., and Dr. Pepper Snapple Group Inc. | If you feel like you may qualify as a member of the class action call today
New York City Class Action Suit – On October 16, 2017, the Derek Smith Law Group, PLLC, The Law Office of Jack Fitzgerald, PC, and Sacks Weston Diamond, LLC, filed three class-action lawsuits in New York’s federal court against the beverage giants The Coca-Cola Co., Pepsi-Cola Co., and Dr. Pepper Snapple Group Inc. The Plaintiffs claim that the companies mislead customers with “DIET” drinks containing aspartame because such artificial sweeteners can lead to weight gain rather than weight loss. The beverages in question include Diet Coke, Diet Pepsi, and Diet Dr. Pepper.
Plaintiffs allege in the three-class actions that the companies tricked consumers into believing that the companies’ “DIET” beverages will assist in weight loss or weight management. Customers believe this because the “DIET” sodas use the non-caloric artificial sweetener aspartame that has no calories and because there are no added calories on nutrition labels.
The lawsuit explains that “Scientific evidence demonstrates this is wrong because nonnutritive sweeteners like aspartame interfere with the body’s ability to properly metabolize calories, leading to weight gain and increased risk of metabolic disease, diabetes, and cardiovascular disease.”
The complaint lists study after study that shows a clear link between artificial sweetener and health risks like metabolic syndrome, type 2 diabetes, increased risk of excessive weight gain, and cardiovascular disease. It was further noted in the complaint about the adverse effects of these “DIET” beverages on children.
According to the complaint—and many reliable scientific studies—this is because of, “the body’s metabolic response, which is the energy the body expends to process calories. The results repeated themselves, with the metabolic response to the high-calorie drink lower than the metabolic response to the medium-calorie drink. Thus, the researchers found that when there was a “mismatch” between sweetness and calories present, the calories present fail to trigger the body’s metabolism. In addition, reward circuits in the brain did not register that calories had been consumed.”
Surely such facts are material to consumers purchasing “DIET” products, those hoping to monitor medical conditions, and those desiring to avoid sugar-laden products. As Coca-Cola, Pepsi-Cola, and Dr. Pepper Snapple Group failed to reveal the above-mentioned material facts to, the three companies should be liable to consumers the complaint contends.
The three-class actions against Coca-Cola, Pepsi-Cola, and Dr. Pepper Snapple Group include claims of
1) misleadingly marketing their “DIET” products as “Promoting Weight Loss or Healthy Weight Management,”
2) violations of the Federal Food, Drug, and Cosmetic Act (“FDA”),
3) violations of New York Food Labeling Regulations,
4) breach of express warranty,
5) breach of implied warranty of fitness, and
6) restitution of the profits earned from selling the products.
Representing the class of persons affected by Coca-Cola, Pepsi-Cola, and Dr. Pepper Snapple Group’s misrepresentations to the public are two different plaintiffs in each case, all of whom were avid consumers, purchasing the companies’ products for 10 to 20 years. These Plaintiffs seek to represent a class comprised of “all persons in New York who, on or after October 16, 2011, purchased, for personal or household use, and not for resale” of either Diet Coke, Diet Pepsi, or Diet Dr. Pepper.
If you feel like you may qualify as a member of the class action against Coca-Cola, Pepsi-Cola, or Dr. Pepper Snapple Group because you too are a purchaser of Diet Coke, Diet Pepsi, or Diet Dr. Pepper contact the experienced New York City attorneys at the Derek Smith Law Group, PLLC. Our attorneys have years of experience protecting New York citizens and litigating class actions. If you feel you have been discriminated against because of your gender, please give our attorneys a call at 800-807-2209 for your free consultation.
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