Seagram’s, Canada Dry Class Actions Say Ginger Ales Don’t Contain ‘Real Ginger’

The Coca Cola Company and Dr. Pepper Snapple Group are both facing separate class action lawsuits filed by a California consumer who claims Seagram’s Ginger Ale and Canada Dry Ginger Ale are falsely labeled as being made from real ginger, when in fact the soft drinks are artificially flavored.

Plaintiff Jackie Fitzhenry-Russell says she regularly purchased Seagram’s Ginger Ale and Canada Dry Ginger Ale, believing the soft drinks were made with real ginger.

Fitzhenry-Russell claims she was attracted to the products because, when given a choice, she prefers to consume soft drinks made from real ginger for health benefits that include stomach calming and relaxation.

However, Fitzhenry-Russell claims she and other consumers were deceived by the false labeling and advertising claims that the ginger ale soft drinks are “MADE FROM REAL GINGER.” This representation leads consumers to “reasonably believe” that the soft drinks are made from and contain real ginger root and that consumers who drink the soft drinks will receive the health benefits associated with consuming real ginger root.

In truth, Seagram’s Ginger Ale and Canada Dry Ginger Ale are not made from real ginger and instead are made from carbonated water, high fructose corn syrup, citric acid, preservatives, and a chemical flavor compound that is manufactured to mimic the taste of ginger, but in actuality provides none of the health benefits of real ginger root.

According to the proposed class action lawsuit, both The Coca Cola Company and Dr. Pepper Snapple Group prominently make the claim “MADE FROM REAL GINGER” on the front label panel of all of its Seagram’s Ginger Ale and Canada Dry Ginger Ale cans and bottles, cultivating a wholesome and healthful image in an effort to promote the sale of its soft drinks and to compete with small batch ginger ales that do use real ginger.

Consumers value the representation “MADE FROM REAL GINGER” because studies have found that real ginger root has health benefits when consumed, the lawsuit says. But the defendants’ product labels fail to disclose that the soft drinks contain no real ginger and that the ginger flavor is in fact artificial.

“The result is a labeling scheme that is designed to mislead consumers, and which does so effectively,” the plaintiff states.

The lawsuits both bring causes of actions that charge The Coca Cola Company and Dr. Pepper Snapple Group with violations of the Consumer Legal Remedies Act and Unfair Competition Law along with false advertising, fraud, deceit, and/or misrepresentation.

Under both federal and California law, the content of labels on packaged food product require truthful, accurate information and due to the nature of the defendant’s labeling on Seagram’s Ginger Ale and Canada Dry Ginger Ale, an average consumer relies on product labeling when deciding to purchase the soft drinks, Fitzhenry-Russell claims.

“Thus, reasonable consumers relied on Defendants’ representations regarding the nature of the Products. Such reliance by consumers is also eminently reasonable, since food companies are prohibited from making false or misleading statements on their products under federal law,” the lawsuit argues.

The plaintiff is seeking to represent two separately certified Classes consisting of all persons who, between Dec. 23, 2012 and the present, purchased Seagram’s Ginger Ale or Canada Dry Ginger Ale.

Fitzhenry-Russell is represented by Adam J, Gutride, Seth A. Safier, Marie A. McCrary, and Kristen G. Simplicio of Gutride Safier LLP.

The Ginger Ale Soft Drinks Class Action Lawsuits are Fitzhenry-Russell, et al. v. Dr. Pepper Snapple Group, et al., Case No. 5:17-cv-00564-NC and Fitzhenry-Russell, et al. v. The Coca Cola Company, et al., Case No. 5:17-cv-00603, in the U.S. District Court for the Northern District of California.

UPDATE: On Oct. 18, 2017, a federal judge ruled that The Coca-Cola Company must continue to face allegations that Seagram’s Ginger Ale is falsely labeled as “made with real ginger.”

UPDATE 2: On June 13, 2018, Dr. Pepper, maker of Canada Dry ginger ale, asked a federal judge to deny Class certification to consumers who claim that Canada Dry is falsely advertised as being “Made With Real Ginger.”

UPDATE 3: On June 26, 2018, the plaintiffs in a Dr. Pepper Canada Dry class action lawsuit won certification of their proposed Class of consumers who they say were duped by advertising that the fizzy beverage was “made from real ginger.”

UPDATE 4: February 2019, the Canada Dry Ginger Ale class action settlement is now open. File a claim here. 

UPDATE 5: On May 9, 2019, The Coca-Cola Co. has agreed to pay $2.5 million to resolve class action claims that Seagram’s ginger ale labels are misleading.

UPDATE 6: On June 13, 2019, the Coca-Cola Co. and a group of Seagram’s ginger ale drinkers received preliminary approval for a settlement that would end claims that the beverage is not made with real ginger as advertised.

UPDATE 7: July 2019, the Seagram’s Ginger Ale class action settlement is now open. Click here to file a claim.

UPDATE 8: On Feb. 27, 2020, Top Class Actions viewers started receiving checks from the Seagram’s Ginger Ale class action settlement worth $10.40. Congratulations to everyone who filed a claim and got PAID!