SAN FRANCISCO, Oct. 1, 2018 /PRNewswire-HISPANIC PR WIRE/ — Gutride Safier LLP today announced that a class action has been certified involving California purchasers of Canada Dry Ginger Ale products with a trial set for January 2019 in San Jose.
WHO IS AFFECTED BY THE CASE?
The Court has certified a class of “All persons who, between December 28, 2012 and June 26, 2018, purchased any Canada Dry Ginger Ale products in the state of California.”
All persons who are members of the class will be bound by the judgment in this case, unless you request to be excluded.
WHAT IS THE LAWSUIT ABOUT?
A lawsuit was brought against Keurig Dr. Pepper (“KDP”). The plaintiffs in the suit claim that KDP mislabels its Canada Dry brand ginger ales sold in California as “Made From Real Ginger.”
Plaintiffs contend that the claim “Made From Real Ginger” caused the soda to sell at a higher market price (a “premium”). Plaintiffs seek refund of the alleged premiums to all California purchasers during the time periods stated above.
KDP contends that its Canada Dry ginger ales are, and always have been, properly labeled. It also denies that there was any “premium” price attributable to the labelling claims.
The Court has not determined whether plaintiffs or KDP is correct.
WHAT WILL HAPPEN NEXT IN THE CASE?
The case is set for trial on January 7, 2019 in U.S. District Court in San Jose. KDP has asked the Court to grant summary judgment in its favor before trial, and Plaintiffs have opposed. A hearing is scheduled for October 17, 2018. The parties may also try to settle the case. If there is a class settlement, additional notice will be distributed.
HOW CAN PEOPLE EXCLUDE THEMSELVES FROM THE CASE?
A class member may preserve the right to sue KDP separately for the claims being litigated, only by submitting a timely request for exclusion from the class. Upon submitting the request for exclusion, the person will be removed from the class and cannot share in any money that may be awarded to the class.
To be excluded, the class member must complete and submit the online form at www.canadadryclassaction.com or mail a request to Canada Dry Ginger Ale Litigation, c/o GCG, P.O. Box 10629, Dublin, OH 43017-9229. If mailed, the exclusion request must contain the person’s name, address, the words “I wish to be excluded from the Canada Dry Class Action,” and the person’s signature.
Exclusion requests must be made or postmarked by October 30, 2018.
How Do I Get More Information?
Additional information is available at the website maintained by the court-appointed notice administrator, at www.canadadryclassaction.com.
You can contact plaintiffs’ counsel, Gutride Safier LLP, at www.gutridesafier.com/investigations/canadadry/24. You can also write to Gutride Safier at 100 Pine Street, Suite 1250, San Francisco, CA 94111, call at 415-639-9090, or email [email protected].
Other papers filed in this lawsuit are available through PACER, the online service for the United States District Courts, at ecf.cacd.uscourts.gov. Alternatively you may visit the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Ave, San Francisco, CA from 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. Please do not write to or call the Court for information or advice.
SOURCE Gutride Safier LLP
