Legally Weird - The FindLaw Legal Curiosities Blog

Dr. Pepper Sued Over Ginger Ale Labeling

People say there are a lot of health benefits associated with consuming ginger. From digestion and nausea to inflammation and heart health, it's touted as a wonder root. Maybe that's why some people drink ginger ale, whether on its own or mixed with whiskey.

But what if there's no real ginger in ginger ale? One man is heading a class action suit against Dr. Pepper, claiming their ginger ale doesn't actually contain ginger, despite labeling that says otherwise.

Ginger-less Ale

Arnold Webb is the named plaintiff in the class action lawsuit against Dr. Pepper, the makers of Canada Dry Ginger Ale. He says that despite the label which reads, "Made from Real Ginger," independent laboratory testing shows there's no detectable amount of ginger in the soft drink. He claims that had he known this, he would not have purchased the beverage. Or he at least wouldn't have agreed to pay so much for it. It's not immediately clear how much Webb was paying for his soda.

Fraud and Misrepresentation

Webb's claims against the soft drink giant include intentional misrepresentation, fraud, breach of express and implied warranties, unjust enrichment, and violation of Missouri's Merchandising Practices Act. A federal judge has already denied Dr. Pepper's first attempts at getting the case dismissed. The complaint doesn't list a specific amount of damages the class action is seeking, but it has to be over $5,000,000 in order for the court to have jurisdiction over the case. That could buy a lot of real ginger.

Who's thirsty?

Although it may seem frivolous, companies shouldn't be allowed to make bold yet false claims about their products. If you think you've been the victim of false or misleading advertising, contact an attorney to discuss the strength of your claim.

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