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" ... Becerra filed suit in the Food Court (Northern District of California) alleging the defendant's use of "diet" in Diet Dr. Pepper was a false or deceptive promise that the soda "would 'assist in weight loss' or at least 'not cause weight gain.'" Diet Dr. Pepper would not assist in weight loss, Becerra claimed, because it contained aspertame, a sugar substitute that some studies associate with weight gain. After allowing Becerra to amend her complaint three times, the district court ultimately ruled the lawsuit failed to state a valid claim and dismissed it with prejudice. Becerra appealed. ... "