A&W Concentrate Co. and Keurig Dr Pepper Inc. have agreed to settle a class action lawsuit that claims they falsely advertised their root beer and cream soda products as containing real vanilla . Specifically, Plaintiffs asserted that the soda products were deceptively and misleadingly marketed with the claim “Made With Aged Vanilla,” when the products actually contained artificial vanilla flavor from ethyl vanillin. As our readers know, vanilla claims have been and continue to be a popular target for class actions.

A New York federal judge granted the preliminary approval of the $15 million settlement in June. Under the settlement terms, each member would receive a minimum of $5.50, or up to $25 if proof of purchase is provided. The named plaintiffs will receive $5,000. The nationwide class covers all consumers in the US who bought the drinks between February 7, 2016 and June 2, 2023. A decision regarding the amount of attorney fees and expenses is to be decided by the judge.

A&W Concentrate Co. and Keurig Dr Pepper Inc. have denied any wrongdoing and assert that their product labeling is in compliance with the regulations, but nonetheless agreed to the settlement to avoid continuing litigation.