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 opening day on Mount Washington this year was Dec. 4. Screenshot
Mount Washington opens on time, COVID-19 protocols in place

“We’re super excited - it’s been six months in the planning.”

After holding recent meetings socially distanced but in person at Isfeld Secondary, the board of education was back meeting via Zoom because of recent pandemic restrictions. Image, screenshot
Most parents approve of schools’ handling of pandemic, says Comox Valley superintendent

Schools forced to adapt to COVID-19, including finding alternative to regular theatre production

The Gnarly Craft Fair is going virtual this year. Photo by Kim Stallknecht
Gnarly Youth Craft goes virtual

The virtual fair will be open until Dec. 19 and features talented youth aged 9 -19 years

Lake Trail Middle School in Courtenay has closed again due to a threat Friday (Dec 4). File photo
Lake Trail Middle School closed for the second time in a week due to threat

On Nov. 26, the school was closed for a day while a similar incident occurred.

Comox Valley singer-songwriter Helen Austin, and Cincinnati’s Paul Otten are Big Little Lions. Photo via biglittlelions.com
Big Little Lions earn Canadian Folk Music Award nomination

Duo featuring Comox Valley singer-songwriter Helen Austin keeping busy during pandemic

Pickleball game in Vancouver on Sunday, November 8, 2020. B.C.’s public health restrictions for COVID-19 have been extended to adult team sports, indoors and outside. THE CANADIAN PRESS/Darryl Dyck
711 more COVID-19 cases detected in B.C. Friday

‘Virus is not letting up and neither can we’

Beefs and Bouquets
Comox Valley Beefs & Bouquets for week of Dec. 2

Beef to deer hunters; bouquet from a store owner to shoppers

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Demonstrators, organized by the Public Fishery Alliance, outside the downtown Vancouver offices of Fisheries and Oceans Canada July 6 demand the marking of all hatchery chinook to allow for a sustainable public fishery while wild stocks recover. (Public Fishery Alliance Facebook photo)
Angry B.C. anglers see petition tabled in House of Commons

Salmon fishers demand better access to the healthy stocks in the public fishery

(Hotel Zed/Flytographer)
B.C. hotel grants couple 18 years of free stays after making baby on Valentines Day

Hotel Zed has announced a Kelowna couple has received free Valentines Day stays for next 18 years

Farmers raise slogans during a protest on a highway at the Delhi-Haryana state border, India, Thursday, Dec. 3, 2020. Prime Minister Justin Trudeau rejected the diplomatic scolding Canada’s envoy to India received on Friday for his recent comments in support of protesting Indian farmers. Tens of thousands of farmers have descended upon the borders of New Delhi to protest new farming laws that they say will open them to corporate exploitation. THE CANADIAN PRESS/AP-Manish Swarup
Trudeau brushes off India’s criticism for standing with farmers in anti-Modi protests

The High Commission of India in Ottawa had no comment when contacted Friday

Nurse Kath Olmstead prepares a shot as the world’s biggest study of a possible COVID-19 vaccine, developed by the National Institutes of Health and Moderna Inc., gets underway Monday, July 27, 2020, in Binghamton, N.Y. U.S. biotech firm Moderna says its vaccine is showing signs of producing lasting immunity to COVID-19, and that it will have as many as many as 125 million doses available by the end of March. THE CANADIAN PRESS/AP-Hans Pennink
Canada orders more COVID vaccines, refines advice on first doses as cases reach 400K

Canada recorded its 300,000th case of COVID-19 on Nov. 16

Apartments are seen lit up in downtown Vancouver as people are encouraged to stay home during the global COVID-19 pandemic on Thursday, Dec. 3, 2020. British Columbia’s deputy provincial health officer says provincewide data show the most important area B.C. must tackle in its response to the COVID-19 pandemic is health inequity. THE CANADIAN PRESS/Marissa Tiel
Age, income among top factors affecting well-being during pandemic, B.C. survey shows

Among respondents earning $20,000 a year or less, more than 41 per cent reported concern about food insecurity

Victoria-based driving instructors are concerned for their own and the community’s safety with the continued number of residents from COVID hotspots in the Lower Mainland coming to the city to take their driving road tests. (Black Press Media file photo)
Students from COVID hotspots travel to Vancouver Island for driving tests

Union leader calls on government to institute stronger travel ban

Most Read