Canada Dry Class Action Says ‘Real Ginger’ Claims Trick Consumers

Dr Pepper faces a new class action lawsuit alleging that their Canada Dry Ginger Ale is falsely advertised as containing real ginger.

Plaintiff Janet Childers recently filed a class action against Dr Pepper Snapple Group Inc. and Dr Pepper/Seven Up Inc., alleging that Canada Dry Ginger Ale is not “Made with Real Ginger,” contrary to the company’s advertisement.

The Dr Pepper class action claims that the “real ginger” advertising is intended to attract consumers by making them feel like the drink is a healthier alternative to traditional soda.

“This representation falsely leads consumers to reasonably believe that Dr. Pepper’s soft drink is made using real ginger and that consumers who drink the soft drink will, as a result, receive the health benefits associated with consuming real ginger,” the Canada Dry Ginger Ale class action claims.

Although Dr Pepper markets Canada Dry products as containing real ginger, Childers claims that the flavor is artificially creating in the lab. While this artificial flavoring does contain real ginger, the finished ginger ale product allegedly contains less than two parts per million of ginger compounds.

“This microscopic amount of ginger flavor extract fails to provide any of the health benefits consumers associate with real ginger and, further, even appears to fall below the threshold concentration required to impart any flavor to the beverage,” Childers argues.

The Dr Pepper class action claims that the alleged false advertising on Canada Dry Ginger Ale products takes advantage of reasonable consumers who would assume that “Made with Real Ginger” is an accurate statement.

Childers also alleges that consumers would not have paid a premium price for Canada Dry Ginger Ale had they known that the beverage contains minimal amounts of real ginger root.

Dr Pepper has reportedly experienced an increased yearly sales since implementing their “Made from Real Ginger” marketing, leading Childers to conclude that the company is profiting at the expense of reasonable consumers such as herself.

“Canada Dry does not conform to Dr. Pepper’s promises and affirmations of fact because it is not made using ginger root, and contains less than two parts per million of ginger in the final beverage, an amount apparently below the threshold for a human to taste,” the ginger ale class action argues. Childers aims to hold Dr Pepper accountable for their allegedly fraudulent behavior.

Childers seeks to represent a Class of Texas consumers who have purchased any Canada Dry products since July 5, 2014.

The Dr Pepper class action seeks compensatory damages, punitive damages, restitution, court costs, attorneys’ fees, and an order to stop the company from selling ginger ale with deceptive advertising.

The plaintiff is represented by Craig D. Cherry and Brandon R. Oates of Haley & Olson PC.

The Dr. Pepper Ginger Ale ‘Real Ginger’ Class Action Lawsuit is Childers, et al. v. Dr Pepper Snapple Group Inc., et al., Case No. DC­-18-­08724, in the District Court of Dallas County, Texas.