The Dr. Pepper Snapple Group (DPS) is in the process of settling a class action lawsuit that concerns their marketing practices and use of antioxidants in some of their 7UP products. The website DailyBeverage reported that the US Center for Science in the Public Interest (CSPI) originally pursued legal actions against DPS in November 2012 on behalf of a consumer in California named David Green.
In this suit, CSPI claimed that the manufacturer breached several laws in California in addition to touting unfounded claims on their website, which included, “There’s never been a more delicious way to cherry pick your antioxidant.” This statement is alluding to the company’s use of a small amount of the antioxidant Vitamin E in their Cherry, Mixed Berry and Pomegranate 7UP products.
In February 2013, the initial legal action became a class action lawsuit in order to seek damages for consumers who purchased these products as a result of their misleading marketing practices, such as using pictures of blackberries, cranberries and other fruit on their labels even though the soda does not contain any real fruit juice or health benefits.
This adding of an antioxidant in the soda is also in direct violation with a Food and Drug Administration (FDA) policy, which “does not consider it appropriate to fortify snack foods such as candies and carbonated beverages.” In the settlement of this lawsuit, DPS will reformulate Cherry 7UP as well as other 7UP soda varieties to remove the antioxidants in addition to remaking the label with no mention of the soda containing antioxidants.
The misrepresentation of a consumer good may constitute consumer fraud. Our class action lawyers pursue compensation through class action lawsuits from negligent companies who mislead their consumers. Call (800) 711-5258 for more information about our firm’s current involvement in class action lawsuits as well as to learn if the product you have concerns about is included in these actions.
Kantrowitz, Goldhamer & Graifman, P.C. – Class Action Lawyers