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Made a big mistake in the pub

dbr10 said:
I know of woman whose nephew went out to eat and asked for diet coke. It was dispensed from one of those bar style pumps. She was assured it was diet coke - it wasn't. You can't trust anyone.
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I wouldn't mind, but I would never normally drink Pepsi or Coke. They are a bit too sickly for me and I'm not at all keen on the taste of sweeteners, so it was a poor choice all round really. I can just about tolerate diet lemonade, if I have a few slices of lemon in it.
I guess I was stumped as to what to drink there. I didn't originally choose soda water, as I would normally have lime juice in it, but of course that is sugary.
I've learnt now. Next time I will have soda water, with a few slices of lemon in it, and at my local they don't charge for that!
 
I have diet tonic and always ask to see the bottle - three times I've been shown the wrong type of bottle and each time the bar person has had a look on their face as I point out their mistake.
 
Chook said:
I have diet tonic and always ask to see the bottle - three times I've been shown the wrong type of bottle and each time the bar person has had a look on their face as I point out their mistake.
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The trouble is, because I'm fat, I guess they'd assume it was because I'm on a slimming diet, so would think what does one matter.
I thought tonic water was an option. I often have vodka and tonic if we're out, but I was avoiding alcohol. I suppose with tonic you can usually see a bottle and have some control over it.
 
RosieLKH said:
The trouble is, because I'm fat, I guess they'd assume it was because I'm on a slimming diet, so would think what does one matter.
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I hopes that doesn't happen because that would be awful. I think it's more like they just aren't paying enough attention to what you asked for or to what they're doing.
 
Chook said:
I have diet tonic and always ask to see the bottle - three times I've been shown the wrong type of bottle and each time the bar person has had a look on their face as I point out their mistake.
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Best to check. Bad attitude to something that can be serious.
 

I found that Diet Pepsi made me really hi.
 
jhncookie said:
I found that Diet Pepsi made me really hi.
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Now that's interesting. That could be the case and I'm maligning the bar staff needlessly. I guess the only way to know is to buy some and try it, but I didn't like it, so perhaps won't bother.
 
Dark Horse said:
Are you saying that drinking diet Pepsi (which contains no sugar or other carbohydrates) can cause someone's blood glucose to go up to 14 mmol/l? If so, what mechanism would explain this?
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I am not saying anything of the kind, so get that straight in your mind.

What I have said and put the relevant quotes in all along in this thread is that it was caveat emptor on @RosieLKH when she "agreed to purchase" the Diet Pepsi, instead of Diet Lemonade which the pub did not have.

It is not the pub staffs fault that it raised her bgls, which could have been caused from any thing that she may have consumed.
 
I appreciate what you're saying about 'buyer beware', Tipetoo, but I thought I was buying Diet Pepsi. I was told I was buying Diet Pepsi. Since it looks exactly the same as any other Pepsi I had to trust it was Diet Pepsi. I had consumed nothing unfamiliar, other than Diet Pepsi, which could have raised my BS. So it was either a) my personal reaction to a drink I never normally consume or b) it was full sugar Pepsi. I'll never know which, and it's a lesson learnt for me.
 

I take your point @Tipetoo but I am not sure that is the case in the UK at least. There are all kinds of laws, the sales of good act just being one. Having worked in the retail (albeit the technology side of the business) industry for over 30years I have seen all kinds of claims made and successful when the products purchased have not been as described. Diet Lemonade may be a bit ambiguous as a point of law but I think you could mount a pretty good case for goods not as described. Certainly the media might love it - though I think the education of staff is the most important thing.

My future advice - ask what they have as diet in a bottle and drink from that.
 
Thank you for the clarification.

The intended purchase of diet lemonade is a red herring. In the UK, the Consumer Rights Act 2015 requires that goods should 'as described'. If @Rosie LKH asked for diet Pepsi and was supplied with 'normal', non-diet Pepsi, the principle of caveat emptor does not apply as the goods have been misrepresented by the seller.
 
Thank you for the clarification.

The intended purchase of diet lemonade is a red herring. In the UK, the Consumer Rights Act 2015 requires that goods should 'as described'. If @Rosie LKH asked for diet Pepsi and was supplied with 'normal', non-diet Pepsi, the principle of caveat emptor does not apply as the goods have been misrepresented by the seller.

In practical terms a refund for mis-sold goods is of little consolation once
The Consumer Rights Act 2015 requires that goods should be 'as described' so you have a right to complain if you were sold full sugar Pepsi which had been supplied as 'diet Pepsi'. However, that's probably little consolation once your blood glucose has shot up.

From a practical point of view, some people take glucose test strips out with them and check diet drinks at the time they are served. This a) allows you to avoid drinking a sugar-laden drink inadvertently and b) alerts the bar staff to the error which may help prevent other people being mis-sold drinks as 'diet' drinks.
 
I'm still a bit vague on all this. I just can't decide. Is it really caveat emptor?
Maybe it's ceteris paribus; or even, tempus fugit. It could even be "Time flies like an arrow, fruit flies like a banana", who knows.
 
I think @Tipetoo has got the logic all wrong.

1. RosieLKH ordered a diet lemonade, the pub said they didn't have it
2. The pub offered diet Pepsi as a "reasonable alternative", which RosieLKH agreed she would have
3. If the pub had said "we don't have diet lemonade but we can do you a full fat, full sugar Pepsi" presumably she would have refused it (and possibly gone for the soda water)#
4. Having accepted the offer of a reasonable alternative RosieLKH had every right to expect to receive a diet Pepsi
5. The fact she appears not to have got a diet Pepsi is the fault of the pub/staff, and not RosieLKH as she had fulfilled her side of the deal. The pub offered a diet Pepsi and supplied a full sugar Pepsi, their fault, simple

I agree that she should make the pub manager aware as it is their error.
 
You know, I rather think we've done this Diet Pepsi episode to death now. Let's let it go!
 
DCUKMod said:
Rosie - Some people choose to test their drinks, either using their blood glucose meter, or urine dip strips. That could help perhaps.
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Ohh that's helpful. I didn't know you could do that. I never order drinks from the pump now, as I'm sure I've been given full sugar ones sometimes.
 
In the UK we have food allergy law, if you make staff aware you have a food intolerance/allergy and you become ill because they serve you the wrong food stuffs they are liable for prosecution.https://www.food.gov.uk/science/allergy-intolerance
I would argue he agreed to buy diet Pepsi, he didn't get diet Pepsi, therefore it was miss sold, a bit like buying a single malt whiskey and being given a supermarket generic, which is also and offence.
Our licensing rules a so strict that if you go in to a pub and ask for a diet coke, they will say 'we do not sell CokeCola, but we do sell diet Pepsi, is that OK?', as CokeCola is a premium brand.
http://www.independent.co.uk/news/uk/fake-cola-passed-off-as-the-real-thing-1580480.html
 
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