On November 8th, Dr Pepper Snapple Group said that its 7-Up soda products touting antioxidants will be off the market by early 2013. That decision was announced the same day that a class action complaint was filed in California alleging that these products mislead the public by “convey[ing] the message that [they are] healthful, natural, and antioxidant-rich beverages that derive their antioxidant content from real cherries or real berries.” The complaint further alleges that:
Contrary to Defendant’s claims and representations, the Products do not contain any real cherries, real berries, or even extracts from those fruits. Nor do the Products derive their antioxidant content from real, antioxidant-rich cherries; real, antioxidant-rich raspberries, blackberries, and cranberries; or real, antioxidant-rich pomegranates. Unbeknownst to the average consumer, the Products contain only one antioxidant—vitamin E.
Further, as explained in detail below, the minimal amount of added vitamin E in the Products is insufficient to provide consumers with the health benefits that Defendant’s representations lead them to believe the Products are able to confer.
But Dr Pepper Snapple Group said its decision to pull the drinks from the marketplace was not related to the lawsuit. It said the drinks were being taken off the market for consistency across its brands.