pple Group, Inc. (DPS) agreed to remove Vitamin E from certain 7UP drinks to settle a proposed class action lawsuit that was filed in California.Under the settlement agreement that took effect July 15, the beverage behemoth also agreed to remove references to antioxidants on labels of certain products and pay $237,500 in attorney's fees plus $5,000 to the named plaintiff, David Green.
The eight-month-old lawsuit alleged DPS mislead consumers over the benefits of its 7UP Cherry Antioxidant, 7UP Mixed Berry Antioxidant and 7UP Pomegranate Antioxidant sodas.
The Center for Science in the Public Interest and the law firm Reese Richman LLP filed the lawsuit on behalf of Green and the proposed class.
"Soda is not a health food, and should not be marketed as a healthy source of antioxidants or other nutrients," Stephen Gardner, litigation director for the Center for Science in the Public Interest, said in a statement. "It's to the credit of the Dr Pepper Snapple Group that it carefully considered these concerns, and worked collaboratively to resolve the dispute without further litigation. The end result is a big plus for consumers."
Chris Barnes, a spokesman for DPS, said the lawsuit was filed after the company had already started remaking Cherry 7UP.
"The company removed the antioxidants to make the formula and label consistent with the rest of the 7UP line. The reformulated Cherry 7UP hit the market in early 2013 and will continue to be sold in regular and diet versions," he stated in an email. "As a result, claims brought by CSPI have been withdrawn. While we disagree with CSPI on the merit and substance of their claim, we both agreed this resolved the matter."
