A&W Class Action Says Root Beer Doesn’t Contain Real Vanilla

A class action lawsuit alleges that A&W Root Beer and A&W Cream Soda beverages are not “made with aged vanilla,” despite advertising claims.

According to the A&W class action lawsuit, root beer and cream soda are “inextricably linked” to the past and carry a sense of nostalgia.

In the late 1800s, ice cream floats were first invented and often used root beer as the base soda to mix with ice cream.

The A&W soda class action lawsuit argues that the original cream soda may have relied on the cream flavor from being mixed with vanilla ice cream.

More modern cream soda allegedly relies on vanilla to provide the cream flavor – as scientific studies reportedly show that vanilla triggers the same sort of flavor as cream without compromising texture.

According to the A&W class action lawsuit, A&W Concentrate Company and Keurig Dr. Pepper Inc. advertise that their root beer and cream soda beverages are “made with aged vanilla.” These claims are reportedly displayed on the beverages’ front labels to promote their soft drinks.

“The representations lead consumers to reasonably believe that Defendants’ soft drink is made from, and contains, real vanilla extract, and that consumers who drink the soft drink will be engaging in a ‘healthy indulgence’ if they had consumed Products made with real vanilla and will be receiving value for their dollar,” the A&W class action lawsuit claims.

Advertising that the beverages use aged vanilla as flavoring intends to cultivate a “wholesome and natural” image to compete with small batch soda beverages which use real vanilla, the A&W class action states. However, these representations are allegedly just a marketing ploy and do not reflect the actual contents of the soft drinks.

The ingredient lists for the A&W Root Beer and A&W Cream Soda beverages reportedly do not include “aged vanilla,” “vanilla,” or any other kind of vanilla.

The A&W class action notes that the ingredients listed on the drinks include high fructose corn syrup, caramel color, preservatives, and “natural and artificial flavors,” but the labels make no mention of vanilla.

The A&W soda class action lawsuit claims that the ingredient lists would mention vanilla if the drinks contained the ingredient due to laws and regulations regarding labeling.

Instead, the company allegedly uses “derivatives chemically related to the vanilla bean” to mimic the vanilla flavor. Although the flavor may taste the same, vanilla flavoring reportedly contains chemicals not contained in pure vanilla extract.

“Consumers are led to believe that they would obtain the real vanilla extract or flavor when, as a matter of fact, the product was not vanilla extract, but was a compound and imitation substituted in its place,” the A&W class action lawsuit argues.

Plaintiff Lashawn Sharpe claims that the lack of real vanilla extract contradicts A&W’s express representations that their root beer and cream soda products are “made with aged vanilla.”

Consumers are allegedly harmed by this deception by purchasing falsely advertised products and paying more than they might have had they been aware that the beverages do not contain real vanilla.

Sharpe seeks to represent a Class of consumers who purchased A&W Root Beer or A&W Cream Soda, in addition to a Class of the same consumers in New York.

The A&W class action lawsuit seeks monetary damages, treble damages, punitive damages, court costs, and attorneys’ fees.

Sharpe and the proposed Class are represented by Spencer Sheehan of Sheehan & Associates PC and Joshua Levin-Epstein of Levin-Epstein & Associates PC.

The A&W “Made With Aged Vanilla” Class Action Lawsuit is Sharpe v. A & W Concentrate Company, et al., Case No. 1:19-cv-00768, in the U.S. District Court for the Eastern District of New York.