This Week’s Wacky Wednesday: Lawsuit Facing Dr. Pepper Regarding No Ginger in the Ale
By Jeff Kahane|2019-02-03T22:13:58+00:00December 6th, 2018|Wacky lawsuits|Comments Off on This Week’s Wacky Wednesday: Lawsuit Facing Dr. Pepper Regarding No Ginger in the Ale
Lawsuit Facing Dr. Pepper Regarding No Ginger in the Ale
Today, ginger has gained quite a reputation as being one of the healthier substances that people can consume. It is used by many to help with digestion and nausea, and it has been connected through various studies to other health benefits. Therefore, people tend to want to consume ginger, and they are looking for some simple ways that they can do so. One of the ways that some people might have tried is to drink ginger ale. After all, ginger is right in the name, so you would imagine that it has ginger in it.
No Ginger for You
However, it seems that is not the case, which is why Arnold Webb is filing a class action lawsuit against Dr. Pepper and their product Canada Dry Ginger Ale. He says that their ginger ale does not have any ginger in it at all, despite the fact that the label says that it is made from real ginger. From laboratory testing, he has found that there is no detectable amount of ginger in the drink. He claims that if he knew this, then he would not have bought the drink, or if he did buy, he would not have paid as much since it did not truly have ginger.
A federal judge in Missouri seems to agree, as they did not allow the case to be dismissed. They ruled that Dr. Pepper is going to have to go through with the class action case. The judge believes that there is sufficient evidence that shows the advertising is incorrect, and that consumers may have been convinced to purchase the product believing that it contained an ingredient that it did not contain. This type of practice is very deceptive, and it tends to be common until people complain or, as in this case, file lawsuits against those companies.
The claims against Dr. Pepper include fraud, breach of express and implied warranties, and intentional misrepresentation. It also includes violations of the Merchandising Practices Act in Missouri, and unjust enrichment. Webb believes that the company was making money from people who believed that the soda included ginger, which allowed them to gain money through this unjust and untrue advertising. Because of this, the judge has allowed the case to go forward.
Merit to the Case
If their Ginger Ale doesn’t actually have any real ginger in it, then you might just be starting to wonder if Dr. Pepper really has a doctorate! Still, there is certainly some truth to this case. If a company is falsely and boldly making claims about their products that are not true, then it is a problem. The company needs to be held accountable for their false advertising. It is quite likely that Webb is not the only person to have believed that the soda contained ginger, which is why this class action case might find Dr. Pepper giving up a substantial amount of money – and changing their advertising – to make things right.