Yes, there is a Canada Dry and Schweppes class action lawsuit

Canada Dry and Schweppes are two popular carbonated beverage brands owned by Keurig Dr Pepper. Both brands offer a wide variety of products, including ginger ale.

Viral posts online claim both Canada Dry and Schweppes are involved in a class action lawsuit. 

THE QUESTION

Is there a Canada Dry and Schweppes class action lawsuit?

THE SOURCES

• Top Class Actions 
• Court records published by Law360
• Schweppes
• Canada Dry
• Food and Drug Administration

THE ANSWER

Yes, there is a Canada Dry and Schweppes class action lawsuit.

WHAT WE FOUND

There is a class action lawsuit involving Keurig Dr Pepper’s Canada Dry and Schweppes brands, according to Top Class Actions. The lawsuit was filed in late October. Keurig Dr Pepper has not announced any settlement or payouts for people who bought these products at this time. 

Last month, a class action complaint was filed in the United States District Court for the Eastern District of California alleging that ginger ale soda bottles and cans, including diet, zero sugar, and flavored ginger ales, sold under the two brands contain false advertising about artificial flavoring. 

VERIFY previously reported that most ginger ale brands do not contain any real ginger, with  Schweppes and Canada Dry listing “natural flavors” in their ingredient lists instead. 

The lawsuit alleges that while Keurig Dr Pepper includes the use of “natural flavors” in its product labeling, the company did not disclose the artificial flavors used to create the drinks, which companies are required to do if “the food contains any artificial flavor which simulates, resembles or reinforces the characterizing flavor.” 

The plaintiff claims that a commercial food testing lab found that dl-malic acid was added to the products to make it taste like ginger ale. Because of this, they argue that the label should state there is artificial flavoring.

The plaintiff in the lawsuit seeks to have Keurig Dr Pepper stop selling products with the labels and to provide compensation to class action members. It’s not clear at this time if people who purchased these products will be entitled to any payments or how much such payments could be. 

A settlement has not yet been reached. Similar lawsuits have been filed in the past, with brands like Fanta and Coca Cola, however they were dismissed by the court as the plaintiffs were unable to prove the label was misleading to customers.

VERIFY reached out to Keurig Dr Pepper for a statement but did not hear back at the time of publication.