Canada Dry Class Action Claims There’s No Ginger in Ginger Ale

Dr Pepper Snapple Group and Dr Pepper/Seven Up face another class action lawsuit alleging that they falsely advertise Canada Dry Ginger Ale as “Made from Real Ginger” when the soft drink contains no detectable amount of ginger.

Lead plaintiffs Arash Hashemi, Natasha Safaradi, and Patrick Gilburt allege in their class action lawsuit that they purchased Canada Dry Ginger Ale thinking it was made with ginger. However, lab testing revealed that the soft drink contains no traceable amounts of ginger, the plaintiffs say.

Beverage makers Dr Pepper Snapple Group and Dr Pepper/Seven Up include “Made from Real Ginger” on the soft drink’s packaging to represent the soft drink as containing the spice, argue the plaintiffs.

“[U]nbeknownst to consumers, the Product was and continues to be falsely advertised because the Product does not contain a detectable amount of ginger,” the Canada Dry class action claims.

The plaintiffs allege that they and other consumers reasonably relied on the “Made from Real Ginger” contained on Canada Dry packaging when purchasing the soft drink. Two plaintiffs from California say they were deceived by marketing along with another plaintiff from Colorado.

According to the class action complaint, a marketing campaign for Canada Dry features people pulling Canada Dry out of the ground as if it is attached to ginger plaint roots. In one example, a little girl selling the product from a rural farm stand and, when she runs out, she pulls Canada Dry out of the ground.

The commercials end with narration stating “For refreshingly real ginger taste, grab a Canada Dry Ginger Ale. Real Ginger. Real Taste,” say the plaintiffs. The commercials also allegedly include the statement: “Find your way to relaxation with the crisp soothing taste of real ginger and bubbles. Canada Dry, the root of relaxation.”

“Despite Defendants’ representations that the Product is ‘Made from Real Ginger,’ and their advertisements reinforcing such representations, the Product does not contain a detectable level of ginger,” the class action states.

The plaintiffs allege that the beverage makers should have known that they and other consumers would rely on their “Made from Real Ginger” marketing to assume that the soft drink would contain at least a detectable amount of ginger. The plaintiffs point out in their complaint that ginger is a “premium ingredient” that sells for up to $2 per pound.

“Plaintiffs and other consumers would have paid significantly less for the Product had they known that the Product do not contain a detectable amount of ginger. In the alternative, Plaintiffs and other consumers would not have purchased the Product at all had they known that the Product does not contain a detectable amount of ginger,” the lawsuit claims. “Therefore, Plaintiffs and other consumers purchasing the Product suffered injury in fact and lost money as a result of Defendants’ false, unfair, and fraudulent practices.”

A similar class action lawsuit was filed against Dr Pepper Snapple Group earlier this year alleging the marketing campaigns for Canada Dry Ginger Ale were deceptive.

The plaintiffs seek to represent nationwide Class of consumers who purchased Canada Dry, along with California and Colorado subclasses. The plaintiffs allege that the “Made from Real Ginger” marketing of Canada Dry violates California’s Consumer Legal Remedies Act, Business Law, and False Advertising Law as well as Colorado’s Consumer Laws.

The plaintiffs also allege that the beverage makers breached express and implied warranties and committed fraud, intentional and negligent misrepresentation, breach of contract and were unjustly enriched by the purportedly deceptive marketing. The plaintiffs are asking the federal court for damages and injunctive relief, along with attorneys’ fees and costs.

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.

UPDATE: On April 27, 2017, Dr Pepper, the maker of Canada Dry Ginger Ale, argued that this class action lawsuit alleging the company falsely advertised the beverage as containing ginger should be dismissed.