Schweppes, Canada Dry ginger ale falsely advertised as containing natural flavors, class action claims

Ginger ale false advertising lawsuit overview:

• Who: Plaintiff Lillian Elliot filed a class action lawsuit against Keurig Dr Pepper Inc.
• Why: Elliott claims the company mislabels its Schweppes and Canada Dry ginger ales as being naturally flavored even though they contain artificial flavors.
• Where: The class action lawsuit was filed in California federal court.

A new ginger ale class action lawsuit accuses Keurig Dr Pepper Inc. of falsely advertising its Schweppes and Canada Dry beverages as being naturally flavored when they actually contain artificial flavoring.

Plaintiff Lillian Elliot points to the labels of various Schweppes and Canada Dry products, which state they are flavored with “natural ginger flavor” or “naturally flavored” without disclosing they also contain artificial flavors.

“These labels are both intentionally misleading and unlawful under federal and state law because they omit the material fact that the products contain artificial flavoring” that reinforces and simulates the ginger ale products’ characterizing flavor, Elliot alleges.

Ginger ale class action: Lab testing discovered synthetic malic acid ingredient

Natural malic acid is a primary flavor component of ginger, and the products’ ingredients list malic acid as an ingredient. However, Elliot says the form of malic acid in the products is not found in nature.

A commercial food industry testing lab reportedly confirmed the ginger ale products contain added dl-malic acid, a synthetic petrochemical.

“Defendant adds synthetic dl-malic acid to the products because without the addition of this synthetic chemical the products would not taste like ‘ginger ale,’” Elliot alleges. She says the dl-malic acid added to the products is considered an artificial flavor under state and federal law.

“None of the products’ packaging includes either on the front or back labels any indication that the products contain artificial flavoring,” Elliot alleges.

She claims she purchased the allegedly mislabeled ginger ale products on multiple occasions. She also claims she purchased the products because she was specifically seeking beverages that did not contain artificial flavoring.

She believes she and other consumers paid a price premium for the allegedly mislabeled ginger ale drinks.

Elliot asserts claims for violations of the California Consumer Legal Remedies Act, California Unfair Competition Law, California False Advertising Law, Massachusetts Consumer Protection Law, breach of express warranty, breach of implied warranty, negligent misrepresentation, fraud by omission and fraud in the inducement.

The makers of Seagram’s and Canada Dry ginger ale beverages previously faced class action lawsuits alleging their products were falsely advertised as being made with “real ginger.”

What do you think about the allegations Schweppes and Canada Dry ginger ale products are falsely advertised as containing natural flavors? Let us know in the comments.

Elliot is represented by Kevin K. Ruf and Marc L. Godino of Glancy Prongay & Murray LLP.

The ginger ale class action lawsuit is Lillian Elliot v. Keurig Dr Pepper Inc., Case No. 2:24-cv-02966, in the U.S. District Court for the Eastern District of California.

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