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

Neskonlith band councillor Cora Anthony, Switzmalph Child Care Centre manager Crystal Cox and Neskonlith councillor Louis Thomas pause on Nov. 27 for a photo outside the centre at 4501 First Ave. SW, newly opened in October. 
(Martha Wickett - Salmon Arm Observer)
VIDEO: Switzmalph Child Care Centre shares culture with Salmon Arm community

New daycare offers Secwépemc culturally enriched programs to children of all heritages

The speed humps the City of Salmon Arm installed on Okanagan Avenue behind city hall appear to be working, report city staff. (Martha Wickett - Salmon Arm Observer)
Speed humps near Salmon Arm’s Fletcher Park considered a success

City staff say traffic has slowed accordingly, visibility will improve when street light replaced

An Enderby restaurant and pub was shut down Sunday afternoon, Nov. 29, 2020 as a precaution after a guest reportedly tested positive for COVID-19. (Howard Johnson photo)
Enderby pub reopens after COVID-19 scare

After a guest reportedly tested positive for the virus, staff test results came back negative

As the deadline draws closer for the distribution of Christmas hampers, the Salvation Army in Salmon Arm is concerned that it has not received enough applications yet and people will be going without. (Martha Wickett - Salmon Arm Observer)
Time running out for people in Salmon Arm to apply for hampers

Salvation Army urges residents to make appointments right away to get help with food at Christmas

A laboratory technician holds a dose of a COVID-19 novel coronavirus vaccine candidate that’s ready for trial on monkeys at the National Primate Research Center of Thailand. (Mladen Antonov - AFP)
Interior Health reports 66 new COVID-19 infections

570 cases are active; 18 in hospital

A dirt bike crash on May 18 left Kelowna’s Steven Margetts paralyzed and without work. (GoFundMe)
Kelowna man paralyzed in dirt bike crash makes plea for help

GoFundMe launched for Steven Margetts, who shares a harrowing recap of his life-changing crash

(Needpix.com)
Pandemic has ‘exacerbated’ concerns for B.C. children and youth with special needs: report

Pandemic worsened an already patchwork system, representative says

Highway 97 traffic was impacted by a crash in Lake Country Thursday morning. (DriveBC map)
UPDATE: Highway 97 cleared near Lake Country following crash

Vehicle incident between Vernon and Kelowna

A power outage on Westside Road affected thousands of residents Thursday morning. (BC Hydro map)
Power out for thousands on Westside

Outage sparked early this morning and BC Hydro crews on scene

Janet Austin, the lieutenant-governor of British Columbia, not seen, swears in Premier John Horgan during a virtual swearing in ceremony in Victoria, Thursday, Nov. 26, 2020. Horgan says he will look to fill gaps in the federal government’s sick-pay benefits program aimed at preventing the spread of COVID-19. THE CANADIAN PRESS/Jonathan Hayward
B.C. premier says province prepared to patch holes in new federal sick-pay benefits

Horgan said workers should not be denied pay when they are preventing COVID-19’s spread

(Google Maps)
Osoyoos Credit Union staff member tests positive for COVID-19

The credit union made the announcement Dec. 1

Most Read