Canada Dry and Schweppes Ginger Ale Sued for Not Containing Natural Ginger

The popular ginger ale brands Canada Dry and Schweppes are facing a potential class-action lawsuit over allegations that their products do not contain natural ginger flavor, as advertised. The lawsuit, filed in California, claims that the companies have been falsely representing their ginger ale products as containing only “Natural Flavors” or “Natural Ginger Flavor.”

The plaintiff in the lawsuit, California resident Lillian Elliot, alleges that a commercial food testing lab found that DL-Malic acid, a synthetic compound processed in petrochemical plants, was added to the products to mimic the taste of ginger ale. Elliot claims she purchased these mislabeled products multiple times under the impression that they did not contain artificial flavoring.

Under U.S. state and federal laws, companies are required to disclose any artificial flavors used in their products. The lawsuit argues that by failing to disclose the use of artificial flavors, the companies have misbranded their beverages and are illegally selling them.

The targeted ginger ale products in the lawsuit include Schweppes Diet Ginger Ale, Schweppes Diet Raspberry Ginger Ale, Schweppes Dry Grape Ginger Ale, Schweppes Black Cherry Ginger Ale, Canada Dry Diet Ginger Ale, Canada Dry Zero Sugar Ginger Ale, Canada Dry Zero Sugar Ginger Ale and Lemonade, and Canada Dry Diet Cranberry Ginger Ale.

If successful, the lawsuit aims to stop Keurig Dr Pepper from selling these ginger ale products in their current labeled state and seeks compensation for consumers who purchased them. Consumers who bought these products in the U.S. since November 1, 2018, are eligible to join the suit.

This is not the first time Canada Dry ginger ale has faced legal issues. In a previous U.S. class-action lawsuit settled in 2019, the company paid $11.2 million over similar allegations. In Canada, a 2018 lawsuit was brought by a man in B.C. claiming false health benefits from the ginger in Canada Dry products. The claim argued that the ginger used is boiled in ethanol, destroying any nutritional or medicinal benefits, despite the packaging claiming “Made From Real Ginger.”