The $11.2 million mistake to which was alluded in this article earlier today refers to this case, which alleges that Canada Dry marketed and labeled its ginger ale products as “Made from Real Ginger.” Keurig Dr Pepper, Incorporated — which was formerly known as Dr Pepper Snapple Group, Incorporated — and Dr Pepper/Seven Up, Incorporated are the defendants in the settlement. They deny that there is any factual or legal basis for the allegations of the plaintiffs, who contend that the marketing and labeling of the ginger ale products from Canada Dry are misleading. The defendants dispute that contention, claiming that its product labeling is accurate; they deny any misrepresentations of the product; and — therefore — deny any liability.
The plaintiffs contend that the defendants caused consumers to purchase the products when they would not otherwise have done so and pay more for the products as a result of the advertising or labeling — but the defendants deny that the plaintiffs — or any other members of the settlement class — have suffered any injury or are entitled to monetary or other relief.
The court has not determined whether the plaintiffs or the defendants are correct.
The settlement also provides for a permanent injunction that prevents the defendants from using the label claim “Made From Real Ginger” — but it permits the labeling of Canada Dry Ginger Ale to include statements such as:
Real ginger taste
Made with real ginger extract
Real ginger flavor
Flavor from real ginger extract
Natural ginger flavor
Combinations of those words or phrases
Settlement Classes and Benefits
In addition to this settlement — which is for plaintiffs and other members of the settlement class in 49 states — a separate settlement exists for plaintiffs and other members of the settlement class in the state of California. If you had purchased Canada Dry ginger ale products in the state of California between Friday, December 28, 2012, and Tuesday, June 26, 2018, you qualify to be a member of this settlement class, which has its own claim form.
Unlike the settlement class for the other 49 states — whose total combined benefit is limited a maximum of $11,200,000.00 — no limit of the total combined benefit has been specified for the settlement class for the state of California.
Members of both settlement classes may recover up to $0.40 per unit. Those who have a valid claim with proof of purchases of one to five products will receive a minimum of two dollars and a maximum of $40.00 per household for up to 100 units; while members who cannot provide any proof of purchase will receive credit for up to 13 units or a maximum of $5.20 per household.
Proof of Purchase means a receipt or other documentation — which is produced by a third-party commercial source — that reasonably establishes the fact and date of purchase of the product during the aforementioned class period in the United States. Claims will be paid only if deemed valid and only after the court approves the respective settlement.
If you do decide to participate in this settlement, completion of the claim form supposedly will consume only a few minutes of your time; but do not expect any major windfall, as you will not exactly get rich from this settlement — but that may be better than nothing at all.
You apparently qualify for either settlement based on where you purchased the aforementioned products and not by where you are legally based, which is especially good news for frequent travelers who consume Canada Dry ginger ale while traveling.
If you would prefer to exclude yourself from this settlement so that you may sue on your own behalf, you must complete and mail your request for exclusion form so that it is received no later than Tuesday, March 19, 2019. If you have any objections to the settlement, you must mail your objections or notice of intent to appear at the final approval hearing so that they are received no later than Tuesday, March 19, 2019.