Canada Dry Ginger Ale Proposed Settlement Offers Consumers $7.50

If you’ve purchased Canada Dry Ginger Ale soft drinks in Canada since 2016, you may be entitled to compensation from this proposed Canada Dry class action settlement.

Defendants Canada Dry Mott’s Inc. and Keurig Dr Pepper Inc. have agreed to pay $650,000 to settle the Canada Dry Ginger Ale class action lawsuit.

Class Action Lawsuit: Canada Dry Ginger Ale Contains Negligible Ginger

Plaintiff David Zouzout accused the defendants of making false or misleading representations about Canada Dry Ginger Ale soft drinks on product labels, advertisements and websites.

According to the class action lawsuit, the defendants produce, market, distribute and sell the ginger ale products, representing them as being “Made From Real Ginger.”

However, Zouzout says this claim is misleading because it gives consumers a false impression that Canada Dry Ginger Ale contains more ginger than it actually does. Zouzout asserts that the quantity of ginger in a can or bottle of ginger ale is negligible.

In making this assertion, Zouzout points to an expert report prepared by MSEI MultiSciences Expertises Inc. in November 2019 that confirmed Canada Dry Ginger Ale products sold in Canada contain only a microscopic amount of ginger extracting flavour.

The Canada Dry class action lawsuit argues that “your average credulous and inexperienced consumer would be under the impression that ‘Made from Real Ginger’ means that the product contains more than just 1 drop of natural extracting flavour for every 70 cans.”

Defendants Intentionally Misled Consumers to Boost Sales, Plaintiff Says

Zouzout says the defendants’ internal documents show that they know many consumers purchase their ginger ale products under the belief the soft drink offers the health benefits that a product made with real ginger plant or root would provide.

In fact, he says the documents show that the defendants intentionally sought to mislead consumers into believing Canada Dry Ginger Ale had health benefits because it is made from real ginger, and that this marketing scheme worked. The internal documents purportedly state that the 2009 “Made From Real Ginger” resulted in an 8.5% increase in purchase frequency.

Zouzout says he and the other Class Members overpaid for Canada Dry Ginger Ale products. The class action lawsuit Canada sought a reimbursement of the amounts Class Members overpaid for the products plus $15 million in punitive damages.

The defendants deny the allegations, but agreed to settle the Canada Dry class action lawsuit to avoid the burden and expense of ongoing litigation.

Are You Eligible for Payment from the Ginger Ale Settlement?

Class Members of the proposed Canada Dry settlement include all consumers who, from Jan. 14, 2016 to Nov. 11, 2020, purchased five or more Canada Dry Ginger Ale soft drinks in Quebec. They may be eligible to claim up to $7.50 from the Canada Dry Ginger Ale class action settlement.

Payment will be distributed as an Interac e-Transfer. In order to receive compensation, Class Members must have a valid email address and a bank account that can receive Interac e-Transfer payments.

The claims registration process will commence after the proposed settlement is approved. The approval hearing has been scheduled for March 16, 2021.

To ask for compensation and to be notified when the claims registration process opens, you must submit your email address to the claims administrator by 5:00 p.m. on Jan. 15, 2021. When the registration process opens, you must complete and submit an online Claim Form by the filing deadline. More information is available at CanadaDrySettlement.ca.

The deadline to opt out of the Canada Dry Ginger Ale class action settlement is Feb. 1, 2021.

Top Class Actions will update this article if the court approves the Canada Dry settlement and the claim filing period opens. Click on the “Follow Article” at the top of this page to get the latest updates about this settlement by using your free Top Class Actions account. For the latest updates, keep checking ca.TopClassActions.com or sign up for our free newsletter.

Another Canada Dry Ginger Ale class action settlement was recently reached in British Columbia. However, that proposed settlement does not offer compensation to Class Members. Instead, the $200,000 settlement funds, minus fees and costs, were donated to the Law Foundation of British Columbia.

Are you planning to file a claim for the Canada Dry Ginger Ale class action settlement? Let us know in the comments section below.

Zouzout is represented by Me Joey Zukran of LPC Avocat Inc.

The Canada Dry Ginger Ale Class Action Lawsuit is David Zouzout v. Canada Dry Motts Inc., et al., Case No. 500-06-000968-194, the Superior Court of Québec, District of Montreal, Canada.

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