Class Action Lawsuit: Lillian Elliot v. Keurig Dr Pepper Inc

Journal

Nov 21

Written By FP Team

The lawsuit claims Schweppes and Canada Dry ginger ale, labels products as "naturally flavored," despite the presence of artificial flavoring.

Journal | Class Action Lawsuit

Words by FP Team

HS PHOTOGRAPHY/ SHUTTERSTOCK

Key Points:

Lillian Elliot has filed a class action against Keurig Dr Pepper Inc. for misleading advertising of Schweppes and Canada Dry ginger ales.
The beverages are advertised as "naturally flavored" or contain "natural ginger flavor," but also have undisclosed artificial flavoring.
Elliot claims the labels violate federal and state consumer protection laws by omitting information about artificial ingredients.
Tests showed the presence of synthetic dl-malic acid, an artificial compound used to enhance flavor.

A recent class action lawsuit claims that Keurig Dr Pepper Inc. has misled consumers by advertising its Schweppes and Canada Dry ginger ale beverages as "naturally flavored," despite the presence of artificial flavoring.

The plaintiff, Lillian Elliot, highlights how the labels on several Schweppes and Canada Dry products describe them as "natural ginger flavor" or labeled simply as "naturally flavored," without revealing that artificial flavors are also included. Elliot asserts that these labels are deceptive and violate both federal and state laws, as they fail to disclose that the drinks contain artificially produced flavoring that enhances the ginger flavor profile of the beverages. Additionally, recent lab tests revealed that the ginger ale contains synthetic malic acid, which is a key flavor component of natural ginger. However, Elliot points out that the type of malic acid used in these drinks is artificial and not found in nature. A testing facility confirmed the presence of synthetic dl-malic acid, which is derived from petrochemicals.

According to Elliot, this synthetic dl-malic acid is essential to give the products their ginger ale taste. She claims that, under legal definitions, this synthetic ingredient qualifies as an artificial flavor and that none of the product packaging mentions the inclusion of artificial flavoring. Elliot notes that she bought these ginger ale products multiple times, specifically looking for options without artificial flavors, and believes she and other consumers have paid extra for these misleadingly labeled drinks. The lawsuit includes several claims against the company, such as violations of consumer protection laws in California and Massachusetts, misrepresentation, and fraud. This isn't the first time brands like Seagram and Canada Dry have faced scrutiny over their advertising practices regarding the inclusion of "real ginger" in their products.

What are your thoughts on the allegations regarding the misleading labeling of Schweppes and Canada Dry ginger ale? Share your opinions in the comments. Elliot is represented by attorneys Kevin K. Ruf and Marc L. Godino from Glancy Prongay & Murray LLP. The lawsuit is titled Lillian Elliot v. Keurig Dr Pepper Inc. and is filed in the U.S. District Court for the Eastern District of California.

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