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Civil Litigation

Feb. 11, 2020

Becerra v. Dr Pepper/Seven Up: A victory over the space aliens

As last year drew to a close, the 9th Circuit affirmed a district court’s dismissal of a false advertising case challenging the use of the word “diet” on the cans and bottles of the popular sugar-free soft drink, Diet Dr Pepper.

August T. Horvath

Partner
Foley Hoag LLP

August is co-chair of the firms advertising and marketing practice in New York City.

As last year drew to a close, the 9th U.S. Circuit Court of Appeals affirmed U.S. District Judge William H. Orrick III's decision in Becerra v. Dr Pepper/Seven Up, 2019 DJDAR 12144 (9th Cir. Dec. 30, 2019), dismissing a false advertising case challenging the use of the word "diet" on the cans and bottles of the popular sugar-free soft drink, Diet Dr Pepper. The central allegation of the<...

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