July 15, 2018

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State Class Action Lawsuit Filed Over ‘Made With Real Ginger’ Claim

Dr Pepper Hit With Suit Over Real Ginger Campaign

  • Janet Childers, the named plaintiff in a proposed class-action lawsuit in Texas, alleges that labels claiming ‘Made with Real Ginger’ on Canada Dry Ginger Ale are misleading because the product contains no real ginger.  Childers further alleges that the company added only a miniscule amount of ginger flavor extract (200 parts per million) so as not to impact the flavor (produced by artificial ingredients) and for the purpose of marketing the drink as a healthy alternative to soft drinks, despite the ginger ale having the same high sugar content as other sodas.  Childers et al. v. Dr Pepper Snapple Group Inc. et al., case number DC-18-08724, was filed in the District Court of Dallas County, Texas on July 5, 2018.  Childers seeks compensation, punitive damages, and an injunction to prevent Dr Pepper from selling ginger ale with the offending labels.

  • Dr Pepper also faces a federal class-action lawsuit in California over the ‘Made with Real Ginger’ claim.  Class certification was granted June 25, 2018 in Jackie Fitzhenry-Russell et al. v. Dr Pepper Snapple Group Inc. et al., case number 5:17-cv-00564, in the U.S. District Court for the Northern District of California.  Another federal class-action lawsuit over the ‘Made with Real Ginger’ claim (Webb v. Dr Pepper Snapple Group Inc. et al., case number 4:17-cv-00624, in the U.S. District Court for the Western District of Missouri) was dismissed by the plaintiff voluntarily and without explanation on June 19, 2018.

  • Manufacturers of other products containing only the extract of a touted ingredient should pay close attention to the ‘Real Ginger’ lawsuits.

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Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...

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