A&W Concentrate Co. and Keurig Dr Pepper Inc. recently reached a $15 million class action settlement to address allegations of false advertising regarding their root beer and cream soda products. The lawsuit claimed that these beverages were misleadingly labeled as containing real vanilla when they actually used an artificial vanilla flavoring called ethyl vanillin. In this article, we will delve into the details of the settlement, including who is eligible to claim, the covered products, and the refund options available to affected consumers.
Eligibility and Covered Products
The class action settlement includes U.S. residents who purchased, for personal use and not for resale, any of the following A&W Root Beer or Cream Soda products between February 7, 2016, and June 2, 2023, that contained the statement “made with aged vanilla” on their labels:
- A&W Root Beer – Regular
- A&W Root Beer – Diet
- A&W Root Beer – Zero Sugar
- A&W Root Beer – Ten
- A&W Cream Soda – Regular
- A&W Cream Soda – Diet
- A&W Cream Soda – Zero Sugar
Allegations and Defendants’ Response
The plaintiffs alleged that A&W root beer and cream soda products were falsely advertised as containing aged vanilla, leading consumers to believe they were made with real vanilla. However, the beverages actually used ethyl vanillin, an artificial vanilla flavoring. The defendants, A&W Concentrate Co. and Keurig Dr Pepper Inc., denied any wrongdoing and asserted that their labeling was proper. Nevertheless, they decided to settle the class action to avoid further litigation.
Refund Options
Class members who are eligible to claim can select one of three tiers to receive a refund based on the number of products they purchased:
Tier 1
- Class members who submit a claim without proof of purchase will receive $5.50 per household.
Tier 2
- Class members who file a claim with and without proof of purchase will receive a guaranteed minimum of $5.50.
- Additionally, they will receive an extra $0.50 per unit purchased for which they provide valid proof of purchase, up to a maximum of 39 units supported by proof of purchase.
- The total refund amount for Tier 2 claimants will be capped at $25 per household.
Tier 3
- Class members who file all claims with proof of purchase will receive a guaranteed minimum of $5.50.
- They will also receive an additional $0.50 per unit for every unit over 11 units they purchased, up to 50 units.
- The total refund amount for Tier 3 claimants will be capped at $25 per household.
Class members are allowed to file only one claim per household, regardless of the number of individuals residing at the address. It is important to note that individual cash payment amounts may be proportionately reduced depending on the number of valid claims submitted.
Exclusion and Objection Deadlines
The deadline to request exclusion from or object to the settlement is August 28, 2023. If you wish to be excluded from the settlement, you will not be eligible to receive any benefits but will retain your right to pursue separate legal action against the defendants. On the other hand, if you choose to object to the settlement, you may voice your disagreement with the terms and conditions outlined in the settlement agreement.
How to File a Claim
A final hearing for this class action settlement is scheduled for September 19, 2023. Following the final hearing, the court will determine whether to approve the settlement. If the settlement is approved, the deadline to submit a claim form is October 18, 2023. It is crucial to submit your claim within the specified timeframe to ensure your eligibility for a refund. File your claim here!
About Keurig Dr Pepper
Keurig Dr Pepper, the parent company of A&W Concentrate Co., is a prominent beverage manufacturer that produces various popular soft drink brands. In addition to A&W and Dr Pepper, their portfolio includes Sunkist, Hawaiian Punch, Snapple, Schweppes, and many others.
Conclusion
If you purchased A&W Root Beer or Cream Soda products between February 7, 2016, and June 2, 2023, and are a U.S. resident, you may be eligible to participate in the class action settlement. By submitting a claim form, you could receive a refund based on the tier you qualify for. Make sure to be aware of the deadlines for exclusion, objection, and claim submission to protect your rights as a consumer. Stay informed and take the necessary steps to ensure you receive the compensation you deserve.
