Internal research conducted by DPS, however, showed that nearly two-thirds of consumers did not believe ginger ale brands on the market contained real ginger. “Its ‘target’ for Canada Dry would be the ‘healthy and wise consumer’ who wanted to ‘embrace making healthy choices in everything they do.’ These were not consumers who were looking for a cure-all or to abandon unhealthy products altogether, but consumers who would ‘choose products that are the best fit for the healthy lifestyle even in ‘unhealthy’ categories.’”
“ ‘vision’ for Canada Dry was ‘to redefine what a CSD can be by delivering great taste and long term health benefits,’” the petition states. The documents allegedly state that in mid-2007, DPS made a decision to reposition Canada Dry as a better-for-you alternative to other sodas on the market and emphasizing ginger would trigger “positive health perception with consumers.” The petition also cites internal marketing materials made public by DPS during a similar class action lawsuit against Canada Dry filed in California. According to the petition, plaintiff Janet Childers alleges that Canada Dry’s ginger flavor extract is not “real ginger,” but is instead made primarily in a lab using chemicals and an extraction process that results in a “microscopic amount of ginger flavor extract.” The suit also claims that within six months of DPS adding the “Made from Real Ginger” claim to Canada Dry’s packaging, sales volume shot up by 8.5 percent, compared to 1.4 percent growth the previous year, and continued to rise annually thereafter. The suit was filed in the District Court of Dallas County in Texas on July 5.
Monster has not yet returned a request for comment.ĭr Pepper Snapple Group (DPS) has been named in a class action lawsuit alleging that Canada Dry Ginger Ale’s “Made from Real Ginger” claims are misleading, as the product contains “a miniscule” amount of ginger flavor extract - less than two parts per million in the finished beverage, according to court documents. The ruling highlights the increasingly disparate definition of the term “natural” on food and beverage products.įood Dive noted similarities between this case and a 2014 class action against General Mills, which took aim at the latter’s Nature Valley line, in which the court ruled the company could not call any product containing high-fructose corn syrup or malodextrin “natural.”
According to a press release by class action administrator CPT Group, Monster denies all claims and liability but has settled in order to avoid further expense and inconvenience.Ĭonsumers with proof of purchase who bought Hansen’s Natural Juices or Hansen’s Smoothie Nectars in California between Jand Jor who purchased Hubert’s Lemonades or Hubert’s Half & Half Lemonade Teas in California between Jand January 1, 2014, are eligible for a cash reimbursement up to $15 as part of the settlement. The suit was filed in the Superior Court of California, County of San Diego.
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