by Richard Gorelick
2:35 PM EST, November 8, 2012
A California man is suing Dr Pepper Snapple Group, the Plano, Tex. manufacturer of 7UP, in federal court over what he says are misleading antioxidant claims about its regular and diet Cherry Antioxidant, Mixed Berry Antioxidant, and Pomegranate Antioxidant varieties.
The lawsuit, filed Thursday in U.S. District Court for the Central District of California, said that 7UP's health claim - "There's never been a more delicious way to cherry pick your antioxidant!" - is misleading and illegal. According to a press release issued by the nonprofit Center for Science in the Public Interest, which is acting as co-counsel in the lawsuit, marketing for the soda falsely suggest that antioxidants come from the "pictured healthy fruits."
The suit was filed on behalf of a Sherman Oaks, Calif. man who said he would not have purchased the drink had he known the antioxidants instead came from a small amount of one isolated antioxidant.
"Non-diet varieties of 7UP, like other sugary drinks, promote obesity, diabetes, tooth decay, and other serious health problems, and no amount of antioxidants could begin to reduce those risks," said CSPI executive director Michael F. Jacobson. "Adding an antioxidant to a soda is like adding menthol to a cigarette—neither does anything to make an unhealthy product healthy."
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