SAN JOSE, Calif. (Legal Newsline) — Consumers have filed a class action lawsuit against a soft drink maker, citing alleged fraud and negligent misrepresentation.
Jackie Fitzhenry-Russell and Robin Dale recently filed a complaint on behalf of the general public and those similarly situated in the Superior Court of the State of California against Dr. Pepper Snapple Group Inc., Dr. Pepper/Seven Up Inc. and Does 1-50, alleging that they made false and misleading claims to the real contents of their product.
The defendant moved the lawsuit to U.S. District Court for the Northern District of California on Feb. 3.
According to the complaint, the plaintiffs allege they suffered damages from being misled into purchasing a falsely labeled product. The plaintiffs holds the defendants responsible because the defendants allegedly falsely labels their Canada Dry ginger ale as "made from real ginger" despite not having any real ginger in it.
The plaintiffs request a trial by jury and seek enjoin the defendant, restitution, injunctive relief, award compensatory damages, punitive damages, all legal fees, interest and any other relief as this court deems just. They are represented by Adam J. Gutride, Seth A. Safier, Marie A. McCrary and Kristen G. Simplicio of Gutride Safier LLP in San Francisco.
U.S. District Court for the Northern District of California Case number 5:17-cv-00564-NC