In Webb v. Dr. Pepper Snapple Group, Inc., the plaintiff filed a class action complaint against defendants Dr. Pepper Snapple Group, Inc. and Dr. Pepper/Seven Up, Inc., alleging that they falsely promoted Canada Dry Ginger Ale product as being "Made from Real Ginger."
According to lab tests proffered by the plaintiff, the product does not contain a detectable amount of ginger.
The defendants moved to dismiss on various grounds. The United States District Court for the Western District of Missouri denied the motion, holding that whether a reasonable consumer would be deceived by the product's label is a question of fact to be resolved by a fact finder.
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