Class Action Suit Filed Against Ginger Ale Makers Claiming Product Contains No Ginger

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Donnett Hickson,
Legal Staff Writer

Dr. Pepper Snapple Group Inc. faces another class action suit contending that the company falsely advertises that Ginger Ale is made from real ginger. Plaintiffs Arash Hashemi, Natasha Safaradi and Patrick Gilburt allege that they bought Canada Dry Ginger Ale under the impression it was made with real ginger. But when tested in a lab, the results determined there was no traceable amount of ginger in the product. Plaintiffs filed a class complaint in federal court in California on March 14, 2017.

Not only is every bottle labeled with their trademark slogan, “Made from Real Ginger,” there are other marketing campaigns such as a commercial showing bottles of Canada Dry being pulled out of the ground as if attached to ginger roots, which concludes with a voiceover stating, “For refreshingly real ginger taste, grab a Canada Dry Ginger Ale. Real ginger. Real taste.” These representations that their product is made with actual ginger and their “advertisements reinforcing such representations” have given the plaintiffs grounds to argue that Dr. Pepper has in fact engaged in “false, unfair and fraudulent practices.”

A similar class action suit was filed in February 2017 also alleging that the marketing campaigns run by Canada Dry were deceptive to consumers. The plaintiffs in this case claim that the “Made from Real Ginger” marketing of the soda violates California’s Consumer Legal Remedies Act, Business Law and False Advertising law. Additionally, Dr. Pepper is also being accused of breaching express and implied warranties and committing fraud, intentional and negligent misrepresentation, breach of contract and being unjustly enriched by the purportedly deceptive marketing.

Plaintiffs in both suits are arguing that they never would have paid a premium for Canada Dry or would never have purchased the drink at all had it not been for their wildly misleading campaign. They will be asking federal court for damages and injunctive relief and for their attorney fees and costs to be covered.

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 Central District of California.

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