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.