In 2024 and continuing into 2025, Keurig Dr Pepper, the maker of popular ginger ale brands Schweppes and Canada Dry, faced a prominent class action lawsuit alleging false advertising claims regarding the products’ flavor labeling. The lawsuit accused the company of misleading consumers by labeling these ginger ale beverages as “naturally flavored” or “made with natural ginger flavor” while actually containing synthetic and artificial flavoring agents not properly disclosed on packaging, violating consumer protection laws.
Background and Origins of the Lawsuit
The lawsuit, filed by plaintiff Lillian Elliot in California federal court, centers on the claim that Schweppes and Canada Dry ginger ales are artificially flavored with synthetic dl-malic acid, a petrochemically derived compound, rather than being naturally flavored as represented on product labels. According to the complaint, lab testing confirmed the presence of this artificial ingredient, which is legally required to be disclosed if used to simulate or reinforce the flavor of a product.
Labels on affected products often state “naturally flavored with other natural flavors” or “natural ginger flavor,” without indicating the synthetic components. The suit alleges this omission misleads consumers, who would have paid less or not purchased the products had they known the truth.
Products Involved
- Schweppes Diet Ginger Ale
- Schweppes Diet Raspberry Ginger Ale
- Schweppes Dry Grape Ginger Ale
- Schweppes Black Cherry Ginger Ale
- Canada Dry Diet Ginger Ale
- Canada Dry Zero Sugar Ginger Ale
- Canada Dry Zero Sugar Ginger Ale and Lemonade
- Canada Dry Diet Cranberry Ginger Ale
Legal Claims and Consumer Protection Violations
- False Advertising: The lawsuit argues that Keurig Dr Pepper knowingly misrepresented the nature of the products’ flavors.
- Violation of State and Federal Laws: Claims arise under the California Consumers Legal Remedies Act, California Unfair Competition Law, Massachusetts Consumer Protection Law, and other statutes.
- Fraud and Misrepresentation: Alleged failure to disclose artificial flavoring constitutes deceptive practices.
- Breach of Warranty: Plaintiffs claim express and implied warranties were breached by the misleading labeling.
Previous Related Legal Actions
This is not the first time these brands faced legal challenges. In 2019, a separate class action settled for $11.2 million addressing claims that Canada Dry did not contain real ginger despite marketing claims. In Canada, a 2020 lawsuit resulted in a $200,000 settlement over similar advertising concerns.
Current Status and Possible Outcomes
The current lawsuit seeks certification as a class action to represent all U.S. consumers who purchased the implicated ginger ale products from November 2018 onward. If certified, it could lead to compensation for consumers and require changed labeling practices to comply with truth-in-advertising laws.
Frequently Asked Questions About the Ginger Ale Lawsuit
What is the heart of the lawsuit?
The suit alleges Keurig Dr Pepper falsely labels its Schweppes and Canada Dry ginger ales as naturally flavored while using undisclosed synthetic flavoring agents.
Who is the plaintiff?
Lillian Elliot, a California resident, initiated the lawsuit after lab tests contradicted the products’ natural flavor claims.
Which products are affected?
Multiple Schweppes and Canada Dry ginger ale varieties, including diet and zero sugar versions, are involved.
Are there precedents for this lawsuit?
Yes, prior class actions have resulted in settlements over false advertising claims related to real ginger content in Canada Dry products in both the U.S. and Canada.
What could be the impact of the lawsuit?
Potential outcomes include consumer refunds, changes in product labeling to fully disclose artificial flavor use, and possible punitive damages if deceptive intent is proven.
Conclusion
The ginger ale lawsuit against Keurig Dr Pepper highlights important issues about truth in advertising and consumer rights concerning product ingredient disclosures. It underscores the ongoing legal scrutiny faced by beverage makers over flavor representation, especially for products marketed as natural or containing real ingredients. As the case progresses, it may lead to increased transparency for consumers and set stronger standards for labeling practices in the soft drink industry.
