Vancouver man who sued Canada Dry Ginger Ale for lack of real ginger walks away with $ 1,500 after company agrees to settle
Victor Cardoso launched the class action lawsuit against Canada Dry Mott’s Inc in January 2019 on behalf of « all persons residing in Canada who have purchased a Canada Dry Ginger Ale product marketed as ‘Made from real ginger' », claiming that the marketing slogan was a false advertisement Simultaneous combinations were launched in Alberta and Quebec, and similar combinations were launched in the US
He partly felt misled by a marketing campaign that « ginger root was picked from the ground and bottles of ginger ale attached to the ginger root, » court documents show
In February, the two parties agreed to settle $ 218,000, on condition that the Alberta class action lawsuit is dropped and Canada Dry is not required to change its marketing or labeling
In a BC Supreme Court ruling last week, a judge ruled that Cardoso and an Alberta plaintiff’s representative will each receive $ 1,500 in fees The rest of the money will go to legal fees and the BC Cardoso Law Foundation had accepted lawyers’ fees of $ 950 per hour
Cardoso had spent 10 years buying Canada Dry Ginger Ale for stomach issues, after his doctor recommended the soft drink to him He thought it contained « medicinal benefits »
During the procedure, an expert report revealed that Canada Dry in fact contains a trace of processed ginger root
« It certainly seemed that the defendant was trying to use the halo of health benefits associated with real ginger, but to the knowledge of the plaintiffs (sic) the defendant never went so far as to make this claim expressly « said an affidavit signed by one of the lawyers trying the Cardoso trial
As part of its settlement agreements resulting from US lawsuits, Canada Dry has agreed to no longer claim to be « made from real ginger »
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Canada Dry, ginger ale, British Columbia, drink, regulation
World News – California – Canada Dry settles for $ 200,000 after man denounces the lack of « real ginger »
