Dr Pepper Seeks Dismissal of Canada Dry Ginger Ale Class Action

Dr Pepper, the maker of Canada Dry Ginger Ale, argues that a class action alleging the company falsely advertised the beverage as containing ginger should be dismissed.

The plaintiffs say they were deceived into thinking Canada Dry Ginger Ale contained real ginger by statements on the beverage packaging that said “Made from Real Ginger.”

Dr Pepper Snapple Group argues that the plaintiffs failed to adequately establish their claims and the case should be dissolved.

Dr Pepper contends that the plaintiffs incorrectly argued that the “Made from Real Ginger” should mean that there is a detectable amount of ginger in the product. Not so, says Dr Pepper, explaining that just because a lab cannot “detect” the amount of ginger the plaintiffs expect there to be in the beverage, doesn’t mean they have a right to infer the ingredient isn’t present.

“Plaintiffs’ entire theory of falsity rests on a single-sentence conclusion that some never-identified ‘independent laboratory’ tested some unspecified beverage, in a never-disclosed way at a never-alleged time, and told someone (counsel?) that he/she/it could not ‘detect’ whatever amount of ginger plaintiffs individually expected,” argues Dr Pepper in its motion.

Further, says Dr Pepper in its motion to dismiss the class action, ginger is used to make the “natural flavoring” used to make Canada Dry Ginger Ale.

Dr Pepper also disputes the plaintiffs’ claims for an injunction or declaratory relief. Dr Pepper contends that the class action plaintiffs will not likely continue to be harmed by the allegedly false labels of the beverage because they will be less likely to buy Canada Dry after admitting they bought the drink under false pretenses.

Dr Pepper argues further that the plaintiffs’ claims that they would buy Canada Dry if it contained real ginger is “errant speculation about potential product changes.” “In any event,” says the beverage maker, the plaintiffs’ contention “makes no sense.”

The motion to dismiss points out other problems with the class action. Dr Pepper notes that the plaintiffs never identify the lab that tested samples of Canada Dry for real ginger. Additionally, says the beverage giant, the plaintiffs do not indicate how much they paid for the Canada Dry and how much they purchased.

“They do not plead what they paid for the Ginger Ale (which is something they should know before claiming they were fraudulently induced into paying too much), and fail to particularize when and how much they purchased during the lengthy class period (instead, vaguely claiming to have purchased ‘in or around’ February and December 2016, and January 2017),” remarks Dr Pepper in its motion to dismiss.

Recently, Dr Pepper lost a motion to dismiss a similar class action lawsuit alleging that advertising Canada Dry Ginger Ale as “Made from Real Ginger” misleads consumers.

The plaintiffs are represented by Barbara A. Rohr and Benjamin Heikali of Faruqi and Faruqi LLP.

The Canada Dry Ginger Ale Class Action Lawsuit is Hashemi, et al. v. Dr Pepper Snapple Group Inc., et al., Case No. 2:17-cv-02042, in the U.S. District Court for the Northern District of California.