A&W root beer, cream soda vanilla false advertising $15M class action settlement

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

RootBeerAndCreamSodaSettlement.com

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