Consumer sues Dr Pepper/Seven Up over 'Canada Dry' marketing, claims false origin labeling


Margo Brodie, Chief Judge with the U.S. District Court for the Eastern District of New York | Administrative Office of the United States Courts | Wikipedia Commons

A proposed class action lawsuit filed in federal court accuses beverage giant Dr Pepper/Seven Up, Inc. of misleading consumers by falsely marketing its Canada Dry beverages as being made in Canada.

Filed Aug. 29, 2025, in the U.S. District Court for the Eastern District of New York, the complaint by plaintiff Karin Piotroski claims the company’s product labeling misrepresents the true origin of Canada Dry drinks, which are allegedly produced in the United States. 

The lawsuit argues that consumers are led to believe the beverages are imported from Canada and are therefore willing to pay a premium price.

“Consumers interpret the Canada Representation to mean that the Products are produced in and imported from Canada,” the complaint states.

Piotroski, represented by attorneys from Reese LLP and Ben Travis Law, APC, seeks damages on behalf of herself and other consumers who purchased Canada Dry products under what she describes as false pretenses. The suit alleges violations of New York General Business Law Sections 349 and 350, which prohibit deceptive business practices and false advertising.

According to the complaint, Piotroski’s legal team—Michael R. Reese and Charles D. Moore of Reese LLP, and Ben Travis of Ben Travis Law—claims the alleged misrepresentation caused economic harm to consumers who paid more than they would have if they had known the drinks were not made in Canada.

The plaintiff is seeking restitution for affected class members, disgorgement of profits gained through the alleged deceptive marketing, and statutory damages of $50 per unit under GBL § 349 and $500 per unit under GBL § 350. The complaint also asks for attorneys’ fees and related litigation costs.

The lawsuit is being heard under Case ID 2:25-cv-4818.

Source: 225cv04818_Piotroski_v_Dr_Pepper_Inc_Complaint_Eastern_District_New_York.pdf

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