Dr Pepper Must Face Canada Dry Ginger Ale Label Class Action

A federal judge denied Dr Pepper’s bid to dismiss a class action lawsuit alleging that Canada Dry Ginger Ale does not contain real ginger.

On April 25, U.S. District Judge Roseann Ketchmark rejected a motion by Dr Pepper Snapple Group Inc. to dismiss the class action against the company.

The Canada Dry Ginger Ale class action lawsuit filed by lead plaintiff Arnold Webb Jr. alleges that the drink does not contain a detectable amount of real ginger, contrary to the beverage’s front label.

Judge Ketchmark cited two Missouri federal court rulings in her dismissal – Bratton v. Hershey Co. in 2017 and Hawkins v. Nestle U.S.A. Inc. in 2018. Judge Ketchmark stated that the two rulings void Dr Pepper Snapple Group’s argument that there can be no ongoing harm after a plaintiff learns of a company’s alleged deception.

“This court is especially persuaded by Bratton and Hawkins, and therefore rejects defendants’ argument that plaintiff suffers no concrete and particularized harm because he is now aware the product does not contain ginger,” Judge Ketchmark wrote in her dismissal ruling. “Like in Bratton and Hawkins, plaintiff is aware that the product allegedly does not contain ginger and has stopped purchasing the product. However, as in Bratton and Hawkins, plaintiff would purchase the product again if the alleged unlawful conduct ceased.”

Webb’s Canada Dry Ginger Ale class action included consumer protection and false advertising claims. Webb says he bought Canada Dry Ginger Ale in 2017 under the impression that the product was “made from real ginger,” as is printed on the front label of the beverage. The plaintiff claims that the front label of the product is purposefully misleading and induces reasonable consumers to purchase the product under false beliefs.

The Canada Dry class action alleges that independent testing by a lab found that Canada Dry Ginger Ale does not contain a detectable amount of ginger. Instead, the product reportedly contains high fructose corn syrup as a sweetener and flavor additive. Webb argues that these ingredients are used instead of real ginger to cut manufacturing costs.

“Plaintiff and other consumers purchased the product, reasonably relying on defendants’ deceptive representation about the product, and believing that the product contained a detectable amount of ginger,” the Canada Dry Ginger Ale class action states. “Had plaintiff and other consumers known that the product did not contain a detectable amount of ginger they would not have purchased the product or would have paid significantly less.”

In addition to the misleading front label, Webb also points to TV ads as being deceptive. The plaintiff references one commercial where a little girl is seen selling ginger ale at a farm stand. The girl runs out of ginger ale and runs to the field and pulls out more ginger ale which is depicted as attached to ginger plant roots.

The Canada Dry class action lawsuit argues that this imagery is deceptive. “The commercial eventually cuts to [an] image about the product, with the voice-over then narrating that ‘For refreshingly real ginger taste, grab a Canada Dry Ginger Ale. Real Ginger. Real Taste,’” Webb states in his class action.

The plaintiff seeks to represent a nationwide Class of consumers who purchased Canada Dry Ginger Ale as well as a state Class of Missouri consumers who are protected by the state’s Merchandising Practices Act. The ginger ale class action seeks monetary damages.

Webb is represented by Tim E. Dollar of Dollar Burns & Becker LC.

The Canada Dry Ginger Ale Class Action Lawsuit is Webb v. Dr Pepper Snapple Group Inc., et al., Case No. 4:17-cv-00624, in the U.S. District Court for the Western District of Missouri.

UPDATE: The Canada Dry Ginger Ale Class Action Lawsuit was voluntarily dismissed on June 20, 2018.  Top Class Actions will let our viewers know if a new case is filed.