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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
Updates:
- The court granted this settlement final approval Nov. 15, 2023.
- Let Top Class Actions know when you receive a check in the comments section below or on our Settlements & Payouts Facebook group.
- The final hearing date has been changed to Oct. 19, 2023.
A&W Concentrate Co. and Keurig Dr Pepper Inc. agreed to a $15 million class action lawsuit settlement to resolve claims they falsely advertised their root beer and cream soda as containing real vanilla. No proof of purchase is required
The class is made up of U.S. residents who, between Feb. 7, 2016, and June 2, 2023, purchased, in the U.S., for personal use and not for resale, one or more A&W Root Beer or Cream Soda products that contained the statement “made with aged vanilla” on their label.
The covered products are:
- A&W Root Beer — Regular
- A&W Root Beer — Diet
- A&W Root Beer — Zero Sugar
- A&W Root Beer — Ten
- A&W Cream Soda — Regular
- A&W Cream Soda — Diet
- A&W Cream Soda — Zero Sugar
The plaintiffs allege the A&W root beer and cream soda products were misleadingly labeled as containing aged vanilla when they are actually made using ethyl vanillin, an artificial vanilla flavoring.
The defendants deny any wrongdoing and assert their root beer and cream soda labeling is proper but agreed to the settlement to avoid continuing litigation.
Keurig Dr Pepper, which owns A&W Concentrate Co., makes a number of popular soft drink brands in addition to A&W and Dr Pepper, including Sunkist, Hawaiian Punch, Snapple, Schweppes and others.
Under the terms of the A&W vanilla class action lawsuit settlement, class members are eligible to claim in one of three tiers a refund based on the number of products they purchased:
- Tier 1: Class members in the vanilla settlement who submit a claim without proof of purchase will receive $5.50 per household.
- Tier 2: Class members who file a claim with and without proof of purchase will receive a guaranteed minimum of $5.50, plus an additional $0.50 per unit purchased for which they provided valid proof of purchase, up to a maximum of 39 units supported by proof of purchase, for a combined total of $25 per household.
- Tier 3: Class members who file all claims with proof of purchase will receive a guaranteed minimum of $5.50 and $.50 per unit for which proof of purchase they provide for every unit over 11 units they purchased, up to 50 units for $25.
Class members may file only a single claim per household, regardless of how many people reside at their address.
Individual cash payment amounts may be proportionately reduced depending on the number of valid claims submitted.
The deadline to request to be excluded from or to object to the settlement is Aug. 28, 2023.
A final hearing in the A&W root beer and cream soda vanilla class action lawsuit settlement will take place Oct. 19, 2023.
The deadline to submit a claim form is Oct. 18, 2023.
Who’s Eligible
U.S. residents who, between Feb. 7, 2016, and June 2, 2023, purchased, in the U.S., for personal use and not for resale, one or more A&W Root Beer or Cream Soda products that contained the statement “made with aged vanilla” on their label.
Potential Award
Up to $25.
Proof of Purchase
Proof is not required to make a claim; however, those who wish to provide proof must provide objectively verifiable documentation of a transaction that reflects the purchase of one or more products during the class period, establishes the number of units purchased and shows the purchase occurred during the class period.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
10/18/2023
Case Name
Sharpe, et al. v. A&W Concentrate Co., et al., Case No. 1:19-cv-00768-BMC, in the U.S. District Court for the Eastern District of New York
Final Hearing
10/19/2023
Settlement Website
Claims Administrator
Sharpe v. A&W Concentrate Co.
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391
Class Counsel
Michael R. Reese
REESE LLP
Defense Counsel
Russ Falconer
GIBSON, DUNN & CRUTCHER LLP
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220 thoughts onA&W root beer, cream soda vanilla false advertising $15M class action settlement
A BUNCH OF CROOKS
I have had no response from kroll. I was needing to update my phone number but no one will answer the phone nor reply to my emails
I really think the Payments are being processed to insider accounts. I haven’t prove it yet, but I put a fire under the Director by stating my next call was going to the New York Attorney General.
I have been in close contact with one of the Kroll Directors. Come to find out 3 of my claims were flagged and rejected because of International Payment. I assured him that my PayPal is correct. Hopefully they will get to the bottom of this to make sure Payments are processed to the Correct Paypal associated with the Claims The 3 Settlements affected now are XTEND Powders, Proctor and Gamble Aerosol, and Nestle Coffemate.
Hopefully this Settlement is processed correctly after all my emails to the Director. Here’s his answer on A&W:
Sharpe v. A&W (WCF058952) – Claims are still pending review, no payments have been issued
There is definitely something going on. I have had the same problem. With being rejected. For products that I have purchased.
I haven’t been sent any emails of rejection for A&W. But then I’m not getting any of the checks from other class actions I’ve filed and have settled either.
I emailed the Director of Kroll: Your office is currently handling 6 Class Actions Settlements: Google Referrer Header Privacy Litigation, Smashburger, A&W Root Beer, XTEND Workout Powders, Nestle Coffee Mate, and Procter & Gamble Benzene. According to many of the Class Members including myself are receiving rejection emails due to not responding to ” So Called Confirmation Emails ” that were Never Received in our Inbox nor Spam. I have emailed them several times with the same response ” Rejected Due to No Response “.
I can’t believe the 100 Class Members I have communicated with all have the same concern.
I am asking you to investigate this matter to make sure the Administrators are following the Guidelines to make sure all the Settlement Payments are being processed to the Correct Class Members and their choice of payment, PayPal, Venmo, Check, or other form of Payment.
Hopefully this can be settled internally without taking any other action.
When is this paying out. I have not received anything
These rejectione emails are coming from Kroll Settlement, who is also rejecting claims from XTEND and also handling claims for Proctor & Gamble, Smashburger and Coffere Mate. I’ll be contacting Kroll diectly next week to start an investigation on them. It is very easy for them to transfer our payout to another PayPal or other Online Payment Apps.
Did anyone get a rejection email
Same rejection. Scam
Yes I did not sure why though
Add me
Please add me