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16 Jan 2023, 10:10 am by Rebecca Tushnet
Pepper/Seven Up, Inc., 945 F.3d 1225 (9th Cir. 2019), held that a survey purportedly showing that consumers understood the term “diet soda” to mean that the drink would “either help them lose weight, or help maintain or not affect their weight” was irrelevant to what a reasonable consumer would understand “diet” to mean. [read post]