Class Action Lawsuit Challenges Schweppes, Canada Dry Ginger Ale ‘Naturally Flavored’ Claims

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Keurig Dr Pepper, Inc. faces a proposed class action lawsuit that accuses the food and beverage manufacturer of falsely advertising Schweppes and Canada Dry ginger ales as naturally flavored.

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According to the 41-page false advertising lawsuit, the labels of many Schweppes and Canada Dry ginger ale varieties expressly represent that the beverages are “[n]aturally flavored with other natural flavors” or made only with “Natural Flavors” or “Natural Ginger Flavor.” Despite the representations, the products are, in fact, flavored artificially with DL malic acid, a synthetic compound chemically processed in petrochemical plants, the case claims.

The beverages at issue in the class action suit include at least:

• 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; and
• Canada Dry Diet Cranberry Ginger Ale.

Under state and federal laws, if a food product’s characterizing flavor is simulated or reinforced with an artificial flavor, the labeling must prominently disclose that the item is “artificially flavored,” the complaint relays.

The filing contends that none of the Schweppes and Canada Dry products disclose the presence of the synthetic flavoring agent as required. As such, the beverages are misbranded and illegal to sell under state and federal law, the suit alleges.

The case argues that consumers would not have paid as much for the products, or purchased them at all, had they known the items were misrepresented.

The lawsuit against Keurig Dr Pepper looks to represent anyone who purchased the beverages listed on this page within the United States at any time since November 1, 2018.

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