Proclaiming a soft drink “diet” is not a weight-loss commitment, a central court stated Monday.

The Ninth U.S. Circuit Court of Appeals in San Francisco denied to redeem a class-action suit by a lady who claimed that the makers of Diet Dr. Pepper did cheat and fraud.

Shana Becerra of Santa Rosa claimed that she had been taking Diet Dr. Pepper for almost 13 years and “did not get what she paid and desired for” because of false advertisement, the news media reported.

“No rational consumer would expect that Diet Dr. Pepper’s application of the term ‘diet’ guarantees weight loss or control,” Bybee inscribed.

In bracing a lower court’s dismissal of her lawsuit, the jury also rejected Becerra’s argument that the practice of “beautiful, fit models in the advertisements indicates that Diet Dr. Pepper will assist its customers to achieve those fit bodies and great shapes.”

The jury told a federal appeals court verdict in New York in a related case against Diet Coke that stated the adoption of such models in advertisement is universal and can’t logically be interpreted or assumed to carry any particular meaning.

The same jury last week rejected an appeal by Becerra against the manufacturers of Diet Coke, on the point that it didn’t have authority in that case.

An inquiring message from Jack Fitzgerald of San Diego, one of Becerra’s lawyers, was not directly returned Monday night.