What “primary flavoring component” do root beer and cream soda have in common? The complaint for this class action says it’s vanilla. It also says that the makers of these sodas—A&W Concentrate Company and Keurig Dr Pepper, Inc.—do not use real vanilla in their products, or at least use very little of it.
Two classes have been proposed for this action.
- One is all consumers in all states who bought any of the products with actionable representations during the statutes of limitation.
- The other is a New York State Class.
The products come in bottles and cans, in various sizes, and in diet and regular varities.
The complaint reproduces a portion of a label of one of the drinks claiming it is “Made with aged vanilla,” but it says that the soft drink is actually made from “carbonated water, high fructose corn syrup, preservatives, and a chemical flavor compound manufactured to mimic the taste of vanilla but with none of the actual flavorings, benefits or value of real vanilla.”
The complaint claims that the companies’ website, www.rootbeer.com, promotes the connection to vanilla flavor by showing the product with vanilla ice cream, as a float.
According to the complaint, “studies have found that real vanilla simulates a creamy texture, satisfying consumers’ needs for consumption of fat-rich foods, without the actual fat and calories.” It also says that vanilla is “the ideal combination of spice and sweet[.]”
However, the ingredient labels for the two sodas lists only “natural and artificial flavors.” The complaint alleges that none of these natural or artificial flavors contains vanilla and that it is actually made with “derivatives chemically related to the vanilla bean but not from the vanilla bean.” It says that the vanilla content must be “nonexistent or minimal, because if there were real vanilla, the ingredient list would indicate this as required and permitted by law.”
The complaint also claims, “When a product claims to be made with actual vanilla but is made with flavors that simulate vanilla—derived from non-vanilla plants—it is misleading to consumers.
The complaint claims violations of New York General Business Law and Illinois Consumer Fraud and Deceptive Practices Act, negligent misrepresentation, fraud, breach of express warranty and implied warranty of merchantability, and unjust enrichment.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
A&W Root Beer and Cream Soda Vanilla Content Complaint
February 7, 2019
What “primary flavoring component” do root beer and cream soda have in common? The complaint for this class action says it’s vanilla. It also says that the makers of these sodas—A&W Concentrate Company and Keurig Dr Pepper, Inc.—do not use real vanilla in their products, or at least use very little of it.
aw_sodas_with_vanilla_compl.pdfCase Event History
A&W Root Beer and Cream Soda Vanilla Content Complaint
February 7, 2019
What “primary flavoring component” do root beer and cream soda have in common? The complaint for this class action says it’s vanilla. It also says that the makers of these sodas—A&W Concentrate Company and Keurig Dr Pepper, Inc.—do not use real vanilla in their products, or at least use very little of it.
aw_sodas_with_vanilla_compl.pdf