A class action lawsuit has been filed in the U.S. District Court for the Southern District of New York claiming that Diet Coke used aspartame in order to sweeten Diet Coke and that this soda actually promotes weight gain even though it is labeled “diet”. Due to this Plaintiffs Evan Geffner and Ivan Babsin claim that the Coca-Cola Company falsely advertised Diet Coke.
Plaintiffs Evan Geffner and Ivan Babsin assert that the aspartame in Diet Coke interfere with the body’s metabolism and also increases the risk of metabolic disease, diabetes, and cardiovascular disease. The Diet Coke False Advertising Class Action Lawsuit claims that the Coco-Cola Company is misleading consumers by labeling the product with the word “diet” when it is anything but a diet product according to the plaintiffs.
Many health experts agree that aspartame (artificial sweeteners) do not help in weight loss and can actually have negative health effects. According to the Yale Journal of Biology and Medicine “consensus from interventional studies suggests that artificial sweeteners do not help reduce weight when used alone”.
Evan Geffner and Ivan Babsin are requesting The Coca-Cola Company not market the product with the word “diet” as long as the product continues to use a non-nutritive artificial sweetener. They would also like to see Coca-Cola launch a a corrective advertising campaign, provide award of damages, restitution, court costs and attorney fees.
The case is entitled Geffner and Babsin v. The Coca-Cola Company and is listed as case number 1:17-cv-07952, in the U.S. District Court for the Southern District of New York.
Plaintiffs Evan Geffner and Ivan Babsin have hired Andrew Sacks and John Weston of Sacks Weston Diamond LLC, Trevor M. Flynn and Melanie Persinger of The Law Office of Jack Fitzgerald PC, and Derek T. Smith and Abraham Z. Melamed of Derek Smith Law Group PLLC, Jack Fitzgerald to represent them in court.