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The federal district court in Missouri refused to dismiss a potential class action case against Dr. Pepper and Snapple over the claim that Canada Dry Ginger Ale is "Made from Real Ginger."
The lawsuit alleges that the plaintiff, Arnold Webb, sent out Canada Dry Ginger Ale for testing, which discovered that the soda did not actually contain any real ginger. The lawsuit not only claims that Webb would not have purchased the ginger ale had he known it didn't contain any ginger, it states that the company was unjustly enriched because "he was induced into purchasing the product and did not obtain the full value of the benefit conferred on defendants." Though seemingly light-hearted, this case contains some spicy fraud allegations.
The putative class action survived a full-fledged attack on all fronts in the motion to dismiss that the doctor ordered. Not only was the plaintiff's standing challenged, the motion was also brought pursuant to 12(b)6, and (b)1, and Rule 9(b) -- the one about heightened pleading standards for claims of fraud.
One after the next, the court made America's Most Misunderstood Soft Drink understand that the plaintiff's case would not be dismissed. The court explained that plaintiff's allegations sufficiently stated a claim for misrepresentation and fraud. In the end, while the sweet soda maker may have cited plenty of instructive cases, the court seemed to find each to weigh in favor of the plaintiff.
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