A frustrated mom from New York won’t be making a toast with Canada Dry anytime soon, seeing as she’s suing Dr. Pepper Snapple Group Inc. for an alleged lack of ginger in the ginger ale soda.
In July, Julie Fletcher filed a federal lawsuit in Buffalo, claiming that the brand’s allegedly false advertising caused her economic harm, and that she was misled about the health benefits of the drink, Fortune reports. In addition to damages, Fletcher also seeks to open the case to others as a class-action lawsuit.
Fletcher takes issue with Canada Dry’s packaging and marketing materials advertise that the drink is “made from real ginger,” but says in her lawsuit that the product only contains a “miniscule” amount of ginger extract. For context, Fortune notes that Canada Dry is comprised of carbonated water, high fructose corn syrup, citric acid, sodium benzoate, natural flavors, and caramel colors.
Dr Pepper Snapple Group argues that real ginger is used to make the natural flavoring, but the suit filed on behalf of Julie Fletcher states it’s “a flavor compound comprised predominately of flavor extracts not derived from ginger, and a minuscule amount of a ginger flavor extract,” CBS News reports.
“Ms. Fletcher believed this meant that Canada Dry was made using ginger root and was, as a result, a healthier alternative to regular sodas,” said her lawyer according to The Buffalo News. “Ms. Fletcher knew that ginger root can calm an upset stomach and she purchased Canada Dry when her children were sick, believing that the ginger root in the beverage would soothe their stomach aches.” Fletcher is arguing that false advertising has hurt her economically. She’s seeking damages, but also wants to open the case to other consumers as a class-action lawsuit, The Buffalo News reports.
A similar case against Dr Pepper Snapple Group was brought before a judge in Missouri, but was dismissed in June, according to The Washington Post. Other food and beverage companies have faced accusations of false advertising in the past as well. Kellogg’s has been brought to court for not having real fruit in their Froot Loops, and Starbucks changed their pumpkin spice latte recipe in 2015 after being criticized for its lack of real pumpkin.