Does the mere use of the word diet on a brand name beverage deceive consumers into thinking that theyll lose weight because they drink it? A U.S. federal appeals court says no.

On Monday, the Ninth Circuit Court may have put to bed once and for all a plaintiffs complaint alleging that Dr Pepper/Seven Up, Inc. violated various California consumer-fraud laws by branding Diet Dr Pepper using the word diet.

The judicial panel found that the complaint failed to sufficiently allege that reasonable consumers read the word diet in a soft drink's brand name to promise weight loss, healthy weight management, or other health benefits.

The key description there being reasonable consumers. The judges said that just because some consumers may interpret diet Dr. Pepper as something that will cause them to lose weight, using the word diet in the brand name doesnt make the brand name false or misleading.

No reasonable consumer would assume that Diet Dr Peppers use of the term diet promises weight loss or management, Circuit Judge Jay Bybee wrote. The use of diet in a soft drinks brand name is understood as a relative claim about the calorie content of that soft drink compared to the same brands regular (full-caloric) option.

In Dr Peppers case, the company says its regular drink is made up of 250 calories; the diet version delivers zero calories.

In so many words, the judges argued that the Diet Dr Pepper issue is another example of consumers misunderstanding a word in a name, description, or packaging -- something the legal world is likely to see more of.

Of course, these kinds of allegations arent exactly new. In a previous case, Ebner v. Fresh, Inc., a consumer claimed that the net weight on the packaging for a lip balm was deceptive because the design of the dispenser left 25 percent of the product inaccessible.

Now, instead of just alleging that companies are deceiving consumers through the language used in their advertising claims, consumer plaintiffs are expanding their allegations to target visual impressions created by product packaging, Michelle Gillette & Josh Foust wrote in response to the case.

We held that similar dispensers were commonplace in the market, such as a reasonable consumer understands the general mechanics of these dispensers and further understands that some product may be left in the tube, the court held.

A rational consumer would not simply assume that the tube contains no further product when he or she could see the remaining product in the tube. And even if SOME consumers would make that assumption, the packaging was not deceptive just because some consumers could reasonable misunderstand the product.

Link:
Court rules that Diet Dr. Pepper doesnt deceive consumers because of its use of the word diet - ConsumerAffairs

Its a new decade and possibly a new you. Now is the time to reapply yourself at the gym, buy vegetables and actually eat them, only drink on the weekends or whatever self-improvement you have planned for 2020. Or, you could bring in the New Year the same way you left it: drunk.

Yes, I chug La Croix, too, but the difference is I do that to stave off a blackout or pick up my hungover soul, not make my diet palatable. Using bubbly water as a crutch for your vice is like when your Peloton eventually becomes a coat rack.

Go ahead, do your cleanse and your calisthenics for approximately a week. Ill see you at Zanes drunk at 3:30 on a weekday before MLK Day. The only way to live in Aspen is unhealthily inebriated at odd times like the tourists.

So, heres your gateway cocktail to passing out on a ski trail: A Bloody Mary. A friend recently Instagramed my morning drink of choice and called it famous. Im just trying to save some money because I blew my holiday tips on New Years Eve, bouncing around paying covers at bars I refuse to go to when theyre free. Theres enough citrus in this to cure scurvy (but not VD, so you might want to drop by AVH for that), and enough booze to reuse the alcohol still in your system like a hit of resin.

And technically it has been called famous, so from my and a dozen local New York Giants fans bar to yours, heres a hangover cure and a little help to kick that resolution off the wagon.

Read the original here:
Libations: The devil or the diet - Aspen Times

Daytime television talk shows, popular podcasts and diet books on the New York Times best-seller list would have you believe that being healthy is complicated. You need to eat the latest superfood, buy the perfect supplements or join the hippest fitness cult. These theories are particularly popular right now, as people commit to New Years resolutions.

But after practicing family medicine for 16 years, with a focus on nutrition and obesity, Ive learned that the keys to good health are quite simple to describe. In fact, I believe the best health advice can be boiled down to 48 words.

So what are these 48 words? In no particular order:

Dont smoke (2).

Get vaccinated (4).

Avoid trans fats (7).

Replace saturated fats with unsaturated if you can (15).

Cook from whole ingredients and minimize restaurant meals (23).

Minimize ultraprocessed foods (26).

Cultivate relationships (28).

Nurture sleep (30).

Drink alcohol at most moderately (35).

Exercise as often as you can enjoy (42).

Drink only the calories you love (48).

Theres not much that needs to be said here. Smoking remains the leading worldwide cause of preventable death, including 480,000 deaths per year in the United States alone. If youre not a smoker, dont start. If you are a smoker, 1-800-QUIT-NOW will direct you to local resources to help with quitting.

The world is facing outbreaks of vaccine-preventable diseases that had been well on their way to eradication. Take measles, which in 2018 killed 140,000 people worldwide, with most of the fatalities occurring in children under the age of 5. Or influenza, which is responsible for between 290,000 and 650,000 global deaths per year. Ensure your children receive their full vaccination schedules, including the HPV vaccine, and everyone an annual flu shot. And check with your physician that your vaccinations are up to date and that you dont require any boosting or adult vaccines, such as those that prevent shingles and pneumonia.

Nonnaturally occurring trans fats increase your risk of heart disease. Though products often claim to be free from trans fats, labeling laws allow them to make that claim if they contain less than 0.5 grams of trans fat per serving. To be certain, have a peek at the ingredient list, and if you see partially hydrogenated on it, put it back on the shelf.

Though you need not get hung up on the total fat content of your diet, whenever possible, you should substitute unsaturated fats (e.g., olive oil, avocados, nuts, seeds and fish) for saturated fats (e.g., meat and dairy). This is a point of consensus between the staunch low-carbohydrate diet advocate David Ludwig and the whole-grain proponent Walter Willett.

Though you wouldnt know it from reading magazines, nutritional epidemiology isnt capable of providing us with specific best diets. Home cooking however, associates with broadly healthier dietary patterns, including the consumption of fruits and vegetables, as well as with less risky body weights. Additionally, restaurant meals regularly contain staggeringly large amounts of calories and sodium. Youll get bonus marks if you eat the meals you cook at a table, free from distractions, with friends or family. And cooking might also save you a small annual fortune, which in turn might benefit your health. Remember, too, cooking is a life skill. Consider making sure your children learn it before they leave home.

Ultraprocessed foods may well play a large role in our global struggles with obesity, as recently demonstrated by a National Institutes of Health study led by Kevin Hall. The study found that people were eating roughly a meals worth of calories more per day when the food they ate was ultraprocessed. The smallest amount that you need to enjoy your life is your goal.

Whether its with your friends or your family, socializing appears crucial to good health. A 2010 metanalysis involving more than 300,000 people found that the mortality risks associated with loneliness were comparable to those associated with smoking and exceeded those seen with a lack of physical activity or with obesity. Theres no right way to do this, but options may include connecting with long-lost friends, getting active in an online community or with an in-person club, volunteering for a cause you feel strongly about or joining a recreational sports team.

In a systematic review of over five million people, short sleep durations were associated with mortality, diabetes, high blood pressure, heart disease and obesity. Dark, cool and quiet rooms, regular bedtimes, decreased caffeine and more can help to improve your sleep. You might also want to take a quick online STOPBANG quiz, and if you score 3 or higher, get an overnight sleep study to rule out the greatly underdiagnosed and easily treatable condition called obstructive sleep apnea.

Alcohol is thought to lead directly to nearly 90,000 deaths a year in the United States, by way of increasing the risk of injuries, violence, heart disease, liver disease and cancer. As with any indulgence, the goal should be the smallest amount you need to like your life. If thats more than a drink per day for women and two for men, and youre concerned that you may have a dependence on alcohol, consider seeking help from your physician or primary care pro

Though commonly only considered in the name of weight (where its often less helpful than feels fair), the overall health benefits of exercise are difficult to overstate. Exercise increases life span and treats or prevents many, if not most, chronic noncommunicable diseases. My exercise mantra is simple: Some is good, more is better, everything counts. Its also most likely better to do a small amount of exercise consistently than a large amount of exercise temporarily.

Liquid calories dont fill you up, meaning no matter the calories in your meals associated beverages, youll likely eat the same amount of food. There are no beverages with sufficiently proven health benefits to warrant going out of your way to drink them, and beverage calories in large part come from sugar and alcohol. So make sure if you do drink calories, you love the ones youre drinking, and then, again, only in the smallest quantity you need to be happily satisfied.

Though far from sexy, spending your energy and willpower on the actions described by these 48 words is likely to have a far greater impact on your health than jumping on the latest zealots restrictive bandwagon. If youre great at them, they could be the only 48 words of health advice that youll ever need.

Yoni Freedhoff is an associate professor of family medicine at the University of Ottawa, the founder and medical director of Ottawas Bariatric Medical Institute, blogger at Weighty Matters and the author of The Diet Fix: Why Diets Fail and How to Make Yours Work.

The Times is committed to publishing a diversity of letters to the editor. Wed like to hear what you think about this or any of our articles. Here are some tips. And heres our email: letters@nytimes.com.

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How to Be Healthy, in Just 48 Words - The New York Times

SALT LAKE CITY Many New Years resolutions include becoming healthier in one way or another.

A popular diet challenge has emerged the last few years which has people "quitting sugar" altogether. But do you really need to eliminate all sugar from your diet to lead a healthy lifestyle? Registered dietitians shared their thoughts on quitting sugar this new year.

To start, Amy Good, registered dietitian from the Toledo Center for Eating Disorders, says "Sugar is an umbrella term that can mean a lot of different things to a lot of different people. When someone says to me 'Im cutting out sugar,' I have no idea what that means to them."

To some, sugar might be only added sugars, which include foods like candy, soda, cake, ice cream, cookies, chocolate, pastries, pies and so on. To others it might go so far as to include entire food groups like fruit and dairy.

Good goes on to say, "In general, sugars are carbohydrates and are necessary for survival. They are our bodies' preferred fuel source and provide us with short-term energy. Carbohydrates are also our only source of fiber, which is vital for a healthy gut."

Sarah Pflugradt, registered dietitian nutritionist of Salubrious RD says we live in an all-or-nothing diet society, and that needs to change.

"Those who cut out all sugar leave behind so many good foods like fruit and dairy. We need to educate on eating so much added sugar and how it contributes to inflammation," Pflugradt says. "Keeping your added sugar below the American Heart Association recommendation is a great way to enjoy all the yummy foods but still stay within a healthy boundary."

Registered dietitian Sarah Schlichter of Bucket List Tummy says villainizing sugar contributes to a good-and-bad food mentality, which can lead to feelings of guilt or shame when someone eats something considered "bad."

"This tarnishes a person's relationship with food and teaches them to make decisions based on external rules and factors rather than intuition," she says. "When youre making a decision based on something you want and enjoy, you realize that if you ate high amounts of sugar all the time, you probably wouldnt feel your best. Whereas, if you include it moderately youll find that you also crave and choose other nutrient-dense foods, as well. I tell my clients to focus less on the individual ingredients and more on the overall pattern of intake and health behaviors, since health is far from 'all-or-nothing.'"

Registered dietitian nutritionist Kelsey Lorencz, of Simply Nourished Home encourages people to stop fixating on how horrible certain ingredients are and look at the diet as a whole instead.

"If all you eat is sugary foods, you will likely feel those health consequences. Eating sugar yes, even refined added sugars is not dangerous or unhealthy when consumed as part of a diet that includes several other nutrient-dense foods."

"When we consider health, its so important to consider every aspect of ourselves. By not demonizing sugar or trying to completely cut it out, we can allow it to be an enjoyable part of a varied diet, not an emotionally consuming ingredient," she adds.

Registered dietitian nutritionist Lauren Harris-Pincus, of NutritionStarringYOU.com and author of "The Protein-Packed Breakfast Club," suggests following the American Heart Association guidelines of 24 grams of added sugar per day for women, or 36 grams for men.

"Choose wisely and really enjoy what you choose," she says. "Make sure the bulk of your diet includes produce, nuts, beans, seeds, whole grains and lean proteins so the sugar you do eat is merely an addition to a nutritious diet."

Registered dietitian nutritionist KeyVion Miller, of themillerskitchen.com, believes a true healthy lifestyle leaves room for a little sugar.

"It can actually be the difference between someone drinking milk (dairy or non-dairy) or eating yogurt," Miller says. "Quite honestly, plain yogurt is pretty boring! Adding a teaspoon of honey or maple syrup could be that difference maker in adding probiotics and calcium to someones diet. I think this is so important when we know many people fall short of calcium and live, active cultures to support our gut health."

Registered dietitian Sarah Chapel says a healthy lifestyle is all about balance.

"A diet that is completely sugar-free would be void of all fruit, whole grains and dairy foods we know offer many nutritional benefits," Chapel says.

She suggests, instead, taking an honest look at how many foods in your normal diet have added sugar.

"The fancy sugary coffee drink, the 'nibbles' here and there, your overall portions of sweet stuff. Eliminating all sugar isnt realistic or encouraged. Instead, figure out your norm and decrease. Used to having ice cream after dinner? Reduce to a 1/2 cup portion or try fruit or yogurt."

My No. 1 tip to keep added sugar intake in a reasonable range while still enjoying your food is to cook from scratch at home when possible. This way you are in charge of what goes in your food including how much added sugar. Sometimes it may be the full amount when baking a birthday cake, while other times you might choose to swap out sugary cereal for some homemade oatmeal.

The main thing to remember is that what you eat is your choice and that it's not only OK, but it's definitely possible to include some sugar in your diet and be healthy at the same time.

About the Author: Brittany PoulsonBrittany Poulson is a Utah registered dietitian and certified diabetes educator. She shares her passion for health, food and nutrition on her blog, http://www.yourchoicenutrition.com, where she encourages you to live a healthy life in your unique way.

Read more:
Dietitians explain why you don't have to 'quit sugar' to be healthy - KSL.com

To get a functional doctor's take, we turned to Wendie Trubow, M.D., and Leah Johansen, M.D., both of whom had some key points to keep in mind when it comes to calorie restricting.

"I am not personally a fan of markedly restricted diets," Trubow says, "one, since it implies a temporary change, which will end, and two, because people often rebound when coming off it. In the Blue Zones, the calorie restrictions are focused on eating in moderation, and eating to 80% full, and tend to be less marked and more sustainable."

She highlights that this diet is difficult to sustain, so if long-term health and weight management are more of a priority for you, this diet may not make sense for you.

Johansen had similar thoughts, mentioning the importance of quality over quantity. "One must consider that not all calories are created equal, and the quality of the nutrients on a 1,200-calorie diet must be derived from nutrient-dense, low-glycemic foods to ensure adequate amounts of vitamins and minerals."

See more here:
So, Will The 1,200-Calorie Diet Help You Hit Your Healthy Weight? - mindbodygreen.com

The Blood Type Diet is based on the theory that the body interacts with foods differently according to your blood type.

Naturopath Peter D'Adamo created the diet in the mid-1990s, claiming many foods have sugar-binding proteins called lectins.

If these are incompatible with your blood group, blood cells may clump together and cause havoc in various parts of the body.

The Blood Type Diet claims these 'interactions' can cause digestive issues, weight gain, fatigue and interfere with the body's immune system.

It also claims if you eat foods that gel with your blood type, you'll shed the extra kilos, prevent disease and feel great.

Kilojoule-counting is considered unnecessary, with claims that as long as you eat the right foods for you, weight loss should come naturally.

Type O: Claimed to be the ancestral blood group for humans, those with Type O are supposed to follow a Paleo-style diet featuring meat, fish, poultry and vegetables. Most grains and legumes, as well as dairy products, potatoes, corn, cabbage, cauliflower and coffee are out.

Type A: With claims this blood group evolved when humans adopted an agricultural lifestyle, Type A are prescribed a low-fat vegetarian diet featuring organically grown vegetables, fruits, nuts, seeds, legumes and soy-based products. No dairy products or bananas are allowed.

Type B: Claimed to have descended from nomadic tribes, Type B are supposed to eat some meat (but not poultry), plus eggs, vegetables and dairy products. No corn, lentils, wheat, tomatoes, peanuts, sesame seeds or coffee are permitted.

Type AB: These relatively rare individuals claimed to represent the most recent blood group can enjoy an omnivorous diet including tofu, seafood, dairy products, some grains, fruit and green vegetables. They should avoid caffeine, alcohol and any smoked or preserved meats.

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Peter D'Adamo created a brand of expensive supplements around his specialty diet.

However, since scientific evidence does not support the claims of this diet, you are likely wasting your money.

There are no studies backing up the claimed link between weight and blood type and no research that shows lectins react differently with various blood types.

There are also no clinical trials studies where humans are assigned into groups with the aim of testing the effect of the diet.

One study has reported that following a diet similar to the one recommended for Type A did lead to lower weight and also reduced several risk factors for heart disease however, these benefits occurred whatever the person's blood group.

A positive aspect of this diet is that it does recommend regular exercise.

Good food should be easy and keeping things simple will help you make better choices.

The food restrictions imposed for the most common blood groups (A, B, and O) are also likely to reduce overall kilojoule intake and thus may lead to weight loss.

However, the many foods restricted in this diet means following it is likely to leave you lacking important nutrients.

There are cheaper, safer and more evidence-based ways to change your diet to lose weight and improve health.

Remember to consult your doctor before starting any new eating plan if you have an underlying health condition or history of an eating disorder.

This is general information only. For detailed personal advice, you should see a qualified medical practitioner who knows your medical history.

This story, which was originally written by Pamela Wilson and published by ABC Health and Wellbeing, has been reviewed by Dr Rosemary Stanton OAM, nutritionist and visiting fellow, School of Medical Sciences, University of NSW, and updated in 2019.

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What is the Blood Type Diet and does it work? - ABC News

During the holidays many people indulged in their cravings and are probably feeling guilty for packing in so many calories into their bodies.

The first thing people tend to turn to is getting their body set for the new year.

It is very easy to be swayed to sign on to a detox diet plan or another fancy diet that just feeds in to a now billion-dollar industry.

What people need to know is, the body has a way of detoxing itself from the insides. Unwanted materials are cleaned daily through our lungs, kidneys and liver.

It means eating the right food packed with the necessary nutrients and rich in vitamins, fiber and antioxidants.

By doing so, you allow your bodys own detox mechanisms to function at their best.

It is meant to be a lifestyle change which is far better than any three-day juicing detox or pills that help you get rid of the excess fat only for you to regain them in the next month.

How does this happen? When your body is starved of the necessary calories it needs you just end up craving more carbs and sugar after your fad diet or detox.

Get to eating the right balanced diet to help your body function the way it is meant to, by incorporating these simple tips into the new year.

Read more from the original source:
A lifestyle change is better than a fancy detox diet this year. Here are what to do - Face2Face Africa