Ginger Soda False Ad Claims Can’t Take Root, Judge Finds (subscription to Law360 required)
- On November 10, 2020, a Massachusetts federal judge dismissed claims in a proposed class action alleging that Polar Corp.’s ginger ale products are falsely advertised as containing real ginger.
- The suit, which was filed in May, alleged that Polar Ginger Ale, Polar Green Tea Ginger Ale and Polar Pomegranate Ginger Ale were falsely and deceptively labeled because they claim to be made from real ginger, but do not contain ginger root. The plaintiff argued that the claim was misleading because it would lead consumers to believe that the beverages contain real ginger root and that it would confer a health benefit.
- In its order to dismiss the claim, the court stated that, because the ginger ale does contain natural flavor derived from ginger as an ingredient, the label’s claim that it is “made from real ginger” is not false, regardless of how little ginger is used. He noted that Polar’s labeling does not make any representation as to how much ginger is contained in the beverages.
- The court further noted that the complaint appeared to be an “imperfect copy” of a similar complaint filed against Keurig Dr. Pepper over its Canada Dry ginger ale. While that case resulted a class action settlement, this one did not pass muster because the product does, in fact, contain real ginger.