Stewart’s Cream Soda Doesn’t Contain Real Vanilla, Class Action Says

A recent class action lawsuit claims that Stewart’s Cream Soda doesn’t contain real vanilla despite the product’s labeling.

Mott’s LLP sells several soda beverages under the Stewart’s Fountain Classics brand.

These sodas are packaged in glass bottles and are represented by the company as “nostalgic ‘old fashioned’ fountain sodas, having originated at the Stewart’s Restaurants, a chain of root beer stands started in 1924.”

For the flavors Orange ‘n Cream Soda, Black Cherry, Cherries ‘n Cream, Grape, and Key Lime, the labeling of the products indicates that the products are “naturally and artificially flavored.”

This labeling reportedly differs on the cream soda packaging, which instead indicates that the product is “artificially flavored.”

Although the Stewart’s Cream Soda product notes that it is artificially flavored, it reportedly does not do so close enough to its “creamy vanilla taste” representations.

The Stewart’s soda class action claims that when the “characterizing flavor” is printed prominently on a label, regulations require the label to state the source of the flavoring immediately before or after the representations. This may seem like overkill to some, but these regulations help ensure that consumers will not be misled and deceived into believing that the flavor source was natural.

The Stewart’s Cream Soda class action alleges that immediately following the flavor claim, the origins of the flavor are reportedly offset by “the entire length of the label, separated several inches across the Product’s logo and vignette.”

“Given the prominence accorded to the characterizing flavor claims, the corresponding notation of artificial flavor in the lower right corner renders such statement unlikely to be read by the ordinary person under customary conditions of purchase and use,” the Stewart’s soda class action claims.

Vanilla flavor is highly regulated due to its widespread appreciation and use. Real vanilla is highly valued because of its ability to stimulate a creamy texture, but artificial vanilla flavoring may deliver the same mouthfeel. In order for products to align with regulations, they need to clearly state whether or not the product is naturally flavored, the Stewart’s soda class action states.

Plaintiffs Sharise Dalton, Nancy Bierly, and Paula Leblanc claim that the substandard labeling on Stewart’s Cream Soda is intentionally misleading and deceptive, causing harm to consumers.

With the rising popularity of natural foods, consumers are reportedly more likely to purchase artisanal beverages that contain real flavorings opposed to beverages that contain artificial flavoring.

According to the Stewart’s soda class action lawsuit, Mott’s deceptively labels their soda in order to compete with artisanal beverage companies that use actual vanilla in their drinks.

The plaintiffs seek to represent a Class of consumers who purchased Stewart’s Cream Soda products. They also seek to represent statewide Classes of the same consumers in New York, Florida, Massachusetts, and California.

The Stewart’s Cream Soda class action lawsuit seeks injunctive relief, restitution, disgorgement, monetary damages, treble damages, punitive damages, interest, court costs, and attorneys’ fees.

The plaintiffs are represented by Spencer Sheehan of Sheehan & Associates PC.

The Stewart’s Cream Soda Class Action Lawsuit is Dalton, et al. v. Mott’s LLP, Case No. 1:19-cv-02960-CBA-ST, in the U.S. District Court for the Eastern District of New York.

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