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A federal judge in California has dismissed a lawsuit against the Coca-Co
A federal judge in California has dismissed a lawsuit against the Coca-Co
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2024-01-23
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问题
A federal judge in California has dismissed a lawsuit against the Coca-Cola company which argued that Diet Coke misled people to believe the drink would help them lose weight.
The case was brought by Shana Becerra who said that she had bought and drank Diet Coke because she believed it would contribute to weight loss and healthy weight management. She alleged that Diet Coke had the opposite effect, citing studies that she claimed showed sweeteners with no nutritional value like those used in Diet Coke cause weight gain and increased risk of certain diseases.
Although Coca-Cola’s arguments against the suit were not adequate, Judge William Alsup said the prosecutor failed to show that consumers were likely to be deceived by the advertising.
Alsup dismissed the case because Becerra had not met the requirement that "members of the public are likely to be deceived". "In supermarkets, Diet Coke is displayed next to regular soft drinks and is not sold in the health-food section. Reasonable consumers would understand that Diet Coke merely deletes the calories usually present in regular Coke, and that the caloric reduction will lead to weight loss only as part of an overall sensible diet and exercise regimen (养生法) dependent on individual metabolism," Alsup said in the decision.
Alsup said the studies cited by Becerra suggest a correlation between Diet Coke-type drinks and weight gain, but they do not suggest causation. He added that one of the studies even says that weight gain is "due to the behavior of consumers, rather than the effects of nonnutritive sweeteners." Alsup also rejected the idea that Diet Coke advertising would suggest to consumers that the soft drink led to weight loss as " reasonable consumers understand that advertising will feature healthy and attractive consumers enjoying the subject products and will not star the unhealthy and unfit."
The decision on Tuesday, said that the prosecutor has until March 22 to file a motion to amend the complaint. A spokesperson for the Coca-Cola company said they were content with the fact that the court dismissed prosecutor’s baseless complaint. [br] Why did Judge William Alsup dismiss the charge?
选项
A、Because the prosecutor couldn’t provide solid evidence to support her lawsuit.
B、Because the Coca-Cola company didn’t do anything wrong.
C、Because he was reasonable enough to know the effects of soft drinks.
D、Because the consumer made no sense in this lawsuit.
答案
A
解析
细节辨认题。定位部分指出,尽管可口可乐公司针对这项诉讼的辩护并不充分,威廉·阿尔苏普法官还是认为原告无法证明消费者有可能受到该广告的欺骗,没有达到“公众成员们有可能受到欺骗”这一要求。由此可见,法官之所以驳回上诉是因为证据不足,故答案为A。
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