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Federal judges have ordered up a denial for a Santa Rosa, Calif., woman who blamed Dr Pepper for not making her skinny. In a federal lawsuit, Shana Becerra claimed her 13 years of drinking Diet Dr Pepper made no difference to her waistline and claimed the soda company engaged in deceptive advertising because she “did not receive what she paid for.” A three-judge panel of the 9th Circuit Court of Appeals disagreed and unanimously dismissed her suit on Dec. 30. “No reasonable consumer would assume that Diet Dr Pepper’s use of the term ‘diet’ promises weight loss or management,” Judge Jay Bybee wrote in the decision. Earlier in December, the 9th Circuit dismissed a similar case Becerra launched against Coca-Cola.