A can of Canada Dry Ginger Ale is shown in Toronto on Thursday Oct. 29, 2020. The maker of Canada Dry Ginger Ale has agreed to pay over $200,000 to settle a class-action lawsuit launched by a B.C. man who alleged he was misled by marketing suggesting the soda had medicinal benefits. THE CANADIAN PRESS/Joseph O’Connal

A can of Canada Dry Ginger Ale is shown in Toronto on Thursday Oct. 29, 2020. The maker of Canada Dry Ginger Ale has agreed to pay over $200,000 to settle a class-action lawsuit launched by a B.C. man who alleged he was misled by marketing suggesting the soda had medicinal benefits. THE CANADIAN PRESS/Joseph O’Connal

B.C. man’s lawsuit over marketing of Canada Dry ginger ale settled for $200K

Soda’s maker, Canada Dry Mott’s Inc., denied the allegations and any liability

The maker of Canada Dry ginger ale has agreed to pay more than $200,000 to settle a class-action lawsuit launched by a B.C. man who alleged he was misled by marketing suggesting the soda had medicinal benefits.

A B.C. Supreme Court decision on costs released Monday shows Victor Cardoso claimed he bought Canada Dry on the basis it was “made from real ginger” but the marketing was false and it contained none.

The decision says Cardoso later conceded that the soda contains small amounts of ginger derivatives but he continued to allege that the company’s representations of its product were false.

The soda’s maker, Canada Dry Mott’s Inc., denied the allegations and any liability.

Under the settlement agreement, the company is not required to change its labelling or advertising for products marketed in Canada.

The settlement was approved in March for Canadians outside Quebecrequiring that the company pay $200,000, which includes legal costs, plus $18,607 in other legal expenses.

The agreement means the remainder of the money will be paid to class members by way of a donation to the B.C. Law Foundation. The two lead plaintiffs receive $1,500 each.

Cardoso had argued Canada Dry advertised its product as being made from real ginger “in an effort to capitalize on the health benefits associated with the consumption of ginger.”

He said he purchased the ginger ale regularly for his family believing it was “natural.”

The class-action followed similar lawsuits in the United States, which saw the company drop the “made from real ginger” line from its products sold there.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The Penticton Curling Club is closed due to a member testing positive for COVID. (Facebook)
COVID-19 case closes Penticton Curling Club

A member tested positive, says the curling club

Sickle Point as seen from the air. (Kaleden Community Association - David Mai)
Efforts to save Sickle Point down to the wire

The riparian wetland is in the middle of a court-ordered sale

Paul Biro of Summerland has organized a special drive-by holiday lights event to take place on the evening of Friday, Nov. 27. (Contributed)
Extra COVID-19 safety protocols added to Summerland drive-by lights tour

Map is available by download; living nativity and Santa display eliminated

COVID-19. (Image courtesy CDC)
Interior Health reports 65 new cases of COVID-19

Province-wide, there are 887 new cases of the virus

Discovery House residents Raegan Phillips and Greg Elliott with lighted ornaments for the 2018 Shed the Light on Addiction campaign. (Western News file)
Discovery House campaign commemorates those lost to addiction

1,386 people have died due to illicit drug overdoses in B.C. so far this year

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry update the COVID-19 situation at the B.C. legislature, Nov. 23, 2020. (B.C. government)
B.C. sets another COVID-19 record with 887 new cases

Another 13 deaths, ties the highest three days ago

RCMP searched for a suspect in Polson Park following an assault on a woman Thursday, Nov. 26. (Morning Star file photo)
Public warned after woman assaulted in Vernon’s Polson Park

RCMP on the hunt for suspect, described as in his 30’s

Arthur Topham has been sentenced to one month of house arrest and three years of probation after breaching the terms of his probation. Topham was convicted of promoting hate against Jewish people in 2015. (Photo submitted)
Quesnel man convicted for anti-Semitic website sentenced to house arrest for probation breach

Arthur Topham was convicted of breaching probation following his 2017 sentence for promoting hatred

Langley School District's board office. (Langley Advance Times files)
‘Sick Out’ aims to pressure B.C. schools over masks, class sizes

Parents from Langley and Surrey are worried about COVID safety in classrooms

The baby boy born to Gillian and Dave McIntosh of Abbotsford was released from hospital on Wednesday (Nov. 25) while Gillian continues to fight for her life after being diagnosed with COVID-19.
B.C. mom with COVID-19 still fighting for life while newborn baby now at home

Son was delivered Nov. 10 while Gillian McIntosh was in an induced coma

Summerland’s recreational facilities, including the arena and the aquatic centre, are open at present, but regulations are in place to slow the spread of the COVID-19 pandemic. (Summerland Review file photo>
COVID-19 safety protocols in place at Summerland’s municipal buildings

Doors remain open, but masks, physical distancing and other measures have been put in place

The Rutland IGA is located in Willow Park Shopping Centre at 590 BC-33. (Michael Rodriguez - Kelowna Capital News)
Customer asked to mask up, throws hot coffee at Kelowna IGA employee

The woman grabbed cat food on her way out when she refused to wear a mask

City of Armstrong Public Works Yard. (Google Maps)
Armstrong city staffer threatened in snow removal complaint

Community services manager says ‘veiled threat’ is believed to have been flippant, but is being taken seriously

In mid-July, the home of an Indo-Canadian family in Summerland was vandalized, with images including swastikas spray-painted on the house. Since that time, Summerland Mayor Toni Boot has been calling for community conversations about issues relating to race. (Summerland Review file photo)
Provincial funds available for Summerland conversations about racism

Money will not flow directly from province to municipality

Most Read