A Massachusetts federal court has dismissed allegations against Polar Corp. asserting the company’s ginger ale products contain a “miniscule amount” of ginger that “provides none of the health benefits consumers associate with real ginger.” Fitzgerald v. Polar Corp., No. 20-10877 (D. Mass., entered November 10, 2020). The court noted that the complaint “appears to have been imperfectly copied from a nearly identical case brought in the Northern District of California involving Canada Dry ginger ale.”

The court was unpersuaded that Polar Corp. misrepresented that the ginger ale contained ginger, finding that ginger was indeed an ingredient. “[N]o reasonable consumer could rely on a claim of ‘real ginger’ in a soft drink as a representation that the drink contains chunks of ‘ginger root’ as opposed to a ginger taste,” the court found, dismissing the plaintiff’s allegations that rested on the existence of false statements.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.