Ginger Soda False Ad Claims Can't Take Root, Judge Finds

Law360 (November 12, 2020, 12:58 PM EST) -- A Massachusetts federal judge has thrown out claims in a proposed class action alleging Polar Corp.'s ginger ale products are falsely advertised as containing real ginger, saying the plaintiff's admission that ginger is among the ingredients dooms her suit.

U.S. District Judge Richard G. Stearns granted Polar's motion to dismiss claims by Theresa Fitzgerald on Tuesday, saying because the ginger ale does in fact use ginger as an ingredient, the label's claim that it's "made from real ginger" is not false.

While Fitzgerald had argued that the claim would lead consumers to believe that real ginger root is included in the...

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