Diet Dr. Pepper Leads to Weight Gain, Class Action Says

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A class action lawsuit alleges that Diet Dr. Pepper containing aspartame causes consumers to gain weight, but Dr. Pepper Snapple Group has been deceptively marketing the product as healthy for years.

Lead plaintiff Shana Becerra alleges in her class action lawsuit that because the aspartame in Diet Dr. Pepper is linked to weight gain, drink maker Dr. Pepper Snapple Group tricks consumers into thinking that the drink will help them manage their weight.

“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,” alleges the plaintiff.

According to the Diet Dr. Pepper class action lawsuit, the term “diet” implies that Diet Dr. Pepper will assist in weight loss, or at least not lead to weight gain. However, research shows aspartame is actually likely to cause weight gain, alleges the plaintiff.

Studies starting in 2009 show that consumption of “diet” beverages is associated with weight gain and increased risk of diabetes, says the class action lawsuit.

“In nature, sweetness signals energy,” claims Becerra. “Generally, the greater the sweetness, the more calories that are available, so the human brain has evolved to expect the two to come together.

“When they do not, the brain can become confused, thinking there are fewer calories to burn. That is, artificial sweeteners, including aspartame, appear to promote weight gain, and to trigger metabolic syndrome and diabetes, because the brain misreads the number of calories present and reduces metabolism, resulting in more calories being stored in the body as fat.”

According to the class action lawsuit, a Yale researcher tested the human body’s metabolic response to non-calorie sweeteners and “found that when there was a ‘mismatch’ between sweetness and calories present, the calories present fail to trigger the body’s metabolism.”

“In sum,” Bercerra alleges, “calories consumed in a mismatched condition, such as when a person drinks a Diet Dr. Pepper while eating food, are not efficiently metabolized at the time of ingestion, and may therefore be processed later, or stored, which can drive weight gain and further interfere with metabolism.”

The class action lawsuit alleges that Dr. Pepper Snapple Group knew or should have known of the mounting scientific evidence that Diet Dr. Pepper actually causes weight gain. Instead, claims the plaintiff, Diet Dr. Pepper is falsely advertised, and the drink makers deceptively omit material information that the drink can cause weight gain.

Becerra alleges that Dr. Pepper Snapple Group is in violation of Food and Drug Administration regulations and California food labeling regulations. The plaintiff seeks to represent a Class of California residents who purchased Diet Dr. Pepper on or after Oct. 16, 2013.

The plaintiffs are seeking damages as well as a court order enjoining Dr. Pepper Snapple Group from marketing Diet Dr. Pepper as a “diet” drink.

Becerra is represented by Jack Fitzgerald, Trevor M. Flynn and Melanie Persinger of The Law Office of Jack Fitzgerald PC, and Andrew Sacks and John Weston of Sacks Weston Diamond LLC.

The Diet Dr. Pepper False Advertising Class Action Lawsuit is Becerra v. Dr. Pepper Snapple Group, Inc.., Case No. 3:17-cv-05921-WHO, in the U.S. District Court Northern District of California.

UPDATE: On Aug. 21, 2018, a class action lawsuit claiming that Dr Pepper falsely advertises its diet drinks has been scrapped by a California federal judge for a final time, with no opportunity for the consumer to revise her claims.