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Diet Soda Weight Gain Lawsuit Managed by Sacks Weston Diamond LLC

Multiple punitive class actions, including one managed by Attorneys Andrew Sacks, John Weston, and Scott E. Diamond of Sacks Weston Diamond LLC in Philadelphia, have been filed against The Coca-Cola Company, Pepsi-Cola Company, and Dr. Pepper Snapple Group Inc. for alleged false marketing tactics. The class actions each state that the companies knowingly advertised “diet” soda beverages that contained aspartame as a helpful way to avoid calories and even lose or manage weight while dieting, when in reality aspartame may actually cause weight gain. All of the class actions were filed in a New York federal court.

All three complaints, each one targeting one of the soda manufacturing giants, point to recent and outstanding scientific studies that indicate aspartame’s weight gain properties. According to several studies, aspartame can confuse the drinker’s regular metabolism, triggering the body to actually hold onto calories for longer. In the end, drinking too much diet soda could feasibly be a direct cause of weight gain. Additionally, the complaints note that aspartame has also been linked to dangerous health conditions, such as diabetes and cardiovascular disease.

Sacks Weston Diamond LLC is working alongside Derek Smith Law Group PLLC and The Law Office of Jack Fitzgerald PC to bring the three class actions against the three separate plaintiffs. Each claim points towards New York legislation that makes it unlawful to falsely advertise to consumers, or attempt to deceive them. By tacking the word “diet” onto a soda, a reasonable person would assume it was meant to help with dieting and, thus, weight loss.

There are several plaintiffs behind the lawsuits. Each has been obese for many years and turned to “diet” soda brands for help managing a healthy weight, and none were told that aspartame consumption could actually trigger weight gain and an increase in appetite. In effect, the soda manufacturers contributed to the plaintiff’s health problems and collected profits through the sale of misleading products.

The lawsuits demand three conclusions:

  1. Plaintiffs and all other proposed classes of people be compensated fairly.
  2. Sodas with nonnutritive artificial sweeteners can no longer be labeled as “diet.”
  3. Soda manufacturers conduct public campaigns to spread awareness of aspartame’s effects on the body, and how previous iterations of their products were improperly labeled as “diet.”

The cases are Excevarria et al. v. Dr Pepper Snapple Group Inc. et al., case number 1:17-cv-07957, Geffner et al. v. The Coca-Cola Co., case number 17-cv-07952, and Manuel et al. v. Pepsi-Cola Co., case number 17-cv-07955, in the U.S. District Court for the Southern District of New York.

(For additional information about this ongoing case, you can click here to view an article posted by Law360, which may require log-in information. You can also follow this link for another article posted recently by BigClassAction.com.)

Our Philadelphia class action attorneys at Sacks Weston Diamond LLC have a reputation for taking on the most difficult and complicated of cases – and winning. To learn more about our legal services and record of successful case results, you can contact us at any time. Be sure to ask about scheduling a free consultation if you need our representation for a complex litigation case of your own.

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