Jackie Fitzhenry-Russell and Geghman Margaryan alleged the slogan misleads consumers because the soda contains ginger oleoresin, a ginger derivative.
Class certification is appropriate because issues common to the class dominate over individual ones regarding whether consumers would be misled, and how much they allegedly overpaid, the U.S. District Court for the Northern District of California said.
Only a fraction of food and beverage labeling suits have been certified as class actions.
One hurdle ...
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