Canada Dry Ginger Ale will continue to be marketed in Canada as Made from Real Ginger, although the soft drink maker has agreed to remove this controversial American packaging claim in order to resolve a number of litigation in the United States for fake advertising.
The company estimates Canadian packaging, but it still makes "Made of Real Ginger" claims prominent, and there is "no change to announce at this time," according to Keith Gilroy, Keupig Corporate Communications Director, Dr Pepper.
As part of the American Keurig settlement, Dr. Pepper will also make cash payments to compensate anyone who bought Canada Dry in the US from 2013 to a limit of $ 5.20 for seven without receipts or $ 40 with them. If this settlement is finalized by the court, as scheduled later this year, it will allow for a number of appropriate actions to be taken that include violations of the law on state-owned enterprises based on the demand for ginger.
For example, the New York lawsuit referred to "general law fraud, deception and / or false representation, violation of explicit and implicit guarantees and unfair enrichment".
It was about the actual content of Canadian ginger, which the attorneys of the New York plaintiff alleged that he was insignificant and falsely promoted as part of the marketing scheme to make Canada dry as a sound alternative to ordinary pop music.
Ginger, a spice derived from the rhizome of a flowering plant, is commonly used in alternative therapeutic procedures, often focused on digestion, although the actual science of its benefits is small.
Flat ginger spruce is a popular folk remedy for a frustrated stomach, often given to sick children as a kind of medicine or remedial remedy. Like other exclamations, Canada's dry is made from corn syrup with high content of fructose, citric acid, preservatives and natural flavors mixed with soda water.
The court records indicate that in the first six months after the addition of Dry Ginger to dry Canada, sales increased by 9%. The judge who heard the preceding arguments in a lawsuit filed with the state of California referred to the company's internal documents, which provided that 30% of consumers in Canada who increased their consumption did so because of the expected health benefits of genuine ginger.
The applicant's lawyer's study of the New York applicant assessed the actual content of the ginger mixture in dry production in Canada in two parts per million below the human milk taste threshold and much lower than any amount that could be of benefit to health. I. She argued that the "natural flavors" of Canada Dry is in fact "an aromatic compound consisting predominantly of aromatic extracts not obtained from ginger and a meager amount of ginger flavor extract".
"Dry extract of ginger aroma Canada dry is not a" true ginger ", as reasonable consumers understand this term", – stated in a lawsuit. "It is made in a laboratory using various chemicals and extraction processes."
Keurig Dr. Pepper has decided to remove a claim from his American packaging as part of a deal that only applies in the United States and "avoid a lengthy trial", – said Gilroy in a message sent by e-mail.
"Canada Dry Ginger Ale has always been made using this ginger extract to ensure its ginger taste," she said.
She declined to answer further questions about this discrepancy, for example, why the company would not defend itself against a lawsuit if the claim was true or how it could put it on Canadian packaging if it was false or the company appealed against two parts per million claims , or how much real ginger is actually in the product.