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The maker of Canada Dry Ginger Ale couldn’t shake a lawsuit brought on behalf of California consumers who claim they were misled by labeling and advertising that said the drink was “made from real ginger.”

U.S. Magistrate Judge Nathanael Cousins of the Northern District of California on Nov. 2 partially turned back a summary judgment motion from Plano, Texas-based Dr. Pepper Snapple Group Inc. finding that consumers could plausibly claim that they were misled to believe that Canada Dry contains ginger root when it actually contains a ginger derivative, ginger oleoresin.

Although Cousins found that the beverage was “literally made in part ‘from’ real ginger” since ginger oleoresin is derived from ginger root, he noted that the defendant’s own expert survey suggested that between 11.54 to 40.59 percent of consumers believe that “real ginger” tagline might imply that Canada Dry is made using ginger root itself.

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Ross Todd

Ross Todd is the Editor/columnist for the Am Law Litigation Daily. He writes about litigation of all sorts. Previously, Ross was the Bureau Chief of The Recorder, ALM's California affiliate. Contact Ross at [email protected] On Twitter: @Ross_Todd.

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