Ginger Ale Class Action Lawsuit: "Natural" Flavor Claims Challenged

Case Overview: A class action lawsuit claims Schweppes and Canada Dry ginger ale contain artificial flavoring despite being labeled as "naturally flavored."

Consumers Affected: Consumers who purchased Schweppes and Canada Dry ginger ale.

Court: U.S. District Court for the Eastern District of California

Popular ginger ale brands Schweppes and Canada Dry are at the center of a class action lawsuit alleging that their manufacturer, Keurig Dr Pepper Inc., misled consumers about the beverages' ingredients. 

The lawsuit, filed by Lillian Elliot in a California federal court, claims that despite labels stating the ginger ales are "naturally flavored" or made with "natural ginger flavor," they actually contain artificial flavoring.

Elliot alleges that this mislabeling violates consumer protection laws and deceives consumers who specifically seek out naturally flavored beverages. She claims that she and other consumers paid a premium price for the ginger ale products based on the belief that they were made with only natural ingredients.

Ginger Ale Contains Synthetic Flavoring Despite "Natural" Claims, Lawsuit Says

The lawsuit focuses on the presence of dl-malic acid in Schweppes and Canada Dry ginger ales. While malic acid is a natural component of ginger, the lawsuit claims that the specific form of malic acid used in these products – dl-malic acid – is a synthetic petrochemical not found in nature.

Elliot argues that the addition of dl-malic acid constitutes artificial flavoring and that the company's failure to disclose this on the product labels is deceptive and misleading. She claims that the labels create the impression that the products are naturally flavored when they actually contain artificial ingredients.

Consumers Misled by "Natural" Labeling

Elliot claims that a commercial food industry testing lab confirmed the presence of synthetic dl-malic acid in the ginger ale products. She argues that this ingredient is added to mimic the taste of ginger ale and that without it, the products would not have their characteristic flavor.

The lawsuit contends that Keurig Dr Pepper's labeling practices mislead consumers who are looking for naturally flavored beverages. It claims that consumers rely on product labels to make informed choices about the ingredients they consume and that the company's mislabeling deprives them of this ability.

“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 alleges.

Ginger Ale Makers Face Previous Legal Challenges

This is not the first time the makers of ginger ale have faced legal challenges over their labeling practices. In February 2019, Canada Dry Ginger Ale reached an $11.2 million settlement to resolve claims that its ginger ale does not contain real ginger.

In the Ginger Ale “all natural” class action lawsuit, Elliot seeks to represent a class of consumers who purchased the allegedly mislabeled Schweppes and Canada Dry ginger ale products. She is suing for violations of various consumer protection laws, including the California Consumer Legal Remedies Act, the California Unfair Competition Law, and the California False Advertising Law.

She is asking that Keurig Dr Pepper cease its allegedly misleading labeling practices and provide compensation to consumers who purchased the ginger ale products under the false impression that they were naturally flavored.

Case Details

• Lawsuit: Elliot v. Keurig Dr. Pepper Inc.
• Case Number: 2:24-cv-01364
• Court: U.S. District Court for the Eastern District of California

Plaintiffs' Attorneys

• Kevin K. Ruf and Marc L. Godino (Glancy Prongay & Murray LLP)

Do you drink Schweppes or Canada Dry ginger ale? What are your thoughts on this lawsuit? Share your opinion in the comments below.