A Jackson County man is taking on one of the nation’s largest beverage corporations over how much ginger is actually in Canada Dry Ginger Ale.
Not much, according to a lawsuit recently filed in federal court in Kansas City by Arnold E. Webb Jr.
In fact, independent testing at a laboratory did not find a detectable amount of ginger, Webb’s lawsuit alleged.
The marketing claim that it is “Made from Real Ginger” constitutes a “false and misleading business practice,” the lawsuit alleges. The suit includes photographs from a marketing campaign showing a ginger farmer and the company’s ginger ale can labels with “Made from Real Ginger.”
Webb’s lawsuit contends that had he known there was not a detectable amount of ginger in the product he would not have bought it, or he would have paid “significantly less” had he known there was not a detectable amount of ginger.
“Despite being misled by defendants, plaintiff would likely purchase the product in the future if the product was reformulated to include at least a detectable amount of ginger,” according to the lawsuit.
The lawsuit filed against the Dr Pepper Snapple Group Inc. and Dr Pepper/Seven UP Inc. seeks money for damages allegedly suffered by Webb and all other consumers who relied on the company’s marketing claim.
The company said Tuesday in a written comment that the suit is “without merit.”
“We stand by the claims on our packaging,” the company said. “Canada Dry Ginger Ale is made from real ginger.”