Overview:
- Who: Plaintiff Lillian Elliot has filed a class action lawsuit against Keurig Dr Pepper Inc.
- Why: Elliot alleges the company falsely labels its Schweppes and Canada Dry ginger ales as “naturally flavored” despite containing synthetic ingredients.
- Where: The lawsuit was filed in a California federal court.
A new class action lawsuit claims Keurig Dr Pepper Inc. is misleading consumers by advertising its Schweppes and Canada Dry ginger ale products as “naturally flavored” when they allegedly include artificial flavoring.
Key Allegations
According to the complaint, labels on Schweppes and Canada Dry products prominently claim they contain “natural ginger flavor” or are “naturally flavored.” However, plaintiff Lillian Elliot alleges the company fails to disclose the presence of artificial ingredients that enhance the ginger flavor.
“These labels are both intentionally misleading and unlawful under federal and state law because they omit the material fact that the products contain artificial flavoring,” Elliot states in the filing. She argues that the omission misleads consumers into believing the ginger ale products are made with entirely natural flavors.
Lab Testing and Synthetic Flavoring
The lawsuit highlights lab testing results, which allegedly revealed the presence of synthetic dl-malic acid, a petrochemical-derived additive. While natural malic acid is a key flavor component of ginger, Elliot says the form used in Schweppes and Canada Dry products is synthetic and does not occur naturally.
“Defendant adds synthetic dl-malic acid to the products because, without it, the beverages would not taste like ‘ginger ale,’” Elliot alleges, emphasizing that the inclusion of this artificial ingredient violates both federal and state labeling laws.
Elliot asserts that the product labels do not disclose the presence of artificial flavoring, either on the front or back of the packaging.
Consumer Claims
Elliot says she purchased Schweppes and Canada Dry ginger ale on multiple occasions, specifically seeking beverages free from artificial flavoring. She argues that she and other consumers paid a premium price based on the misleading “natural flavor” claims.
The complaint alleges violations of the California Consumer Legal Remedies Act, California Unfair Competition Law, California False Advertising Law, Massachusetts Consumer Protection Law, and several breach-of-warranty and fraud claims.
Historical Context
Keurig Dr Pepper is not new to such allegations. Previously, the makers of Seagram’s and Canada Dry faced lawsuits claiming their ginger ale products were falsely marketed as being made with “real ginger.”
What’s Next?
The lawsuit, Lillian Elliot v. Keurig Dr Pepper Inc., Case No. 2:24-at-01364, is currently being heard in the U.S. District Court for the Eastern District of California. Elliot is represented by Kevin K. Ruf and Marc L. Godino of Glancy Prongay & Murray LLP.
What do you think about the claims that Schweppes and Canada Dry ginger ale are falsely advertised? Share your thoughts in the comments.
