If you purchased either Regular or Diet A&W Root Beer or Regular or Diet A&W Cream Soda anywhere in New York State between February 7, 2016, and March 1, 2021, a class-action lawsuit may affect your legal rights.

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Jan 21, 2022, 14:58 ET

CHANHASSEN, Minn., Jan. 21, 2022 /PRNewswire/ -- Analytics, the notice administrator for the A&W Root Beer Aged Vanilla Class Action, announces the following:

A court authorized this notice. This is not a solicitation from a lawyer.

Your legal rights are affected whether you act or don't act. Read this notice carefully.

You may be affected by a class action lawsuit alleging that A & W Concentrate Company and Keurig Dr Pepper Inc. (the "Defendants") misleadingly labeled regular and diet A & W Root Beer and Cream Soda ("Products") with the representation "Made with Aged Vanilla." This representation is alleged to be misleading because Defendants used ethyl vanillin – an artificial flavor – to provide vanilla flavoring to the Products. Defendants deny these allegations, and the Court has made no determination of liability in either action.

The lawsuit is called LaShawn Sharpe, et al. v. A & W Concentrate Company et al. Case No. 1:19-cv-00768-BMC. This lawsuit is pending in the United States District Court for the Eastern District of New York. The Court decided that this lawsuit should proceed as a class action, which means that two individuals ("Named Plaintiffs") will be representing a "Class," or groups of people, that could include you. This notice summarizes your legal rights and options if you believe that you are a member of the Class.

More information is available in a detailed notice at the website below. If you believe that you are a Class Member, you have to decide whether to stay in the Class and be bound by the results or ask to be excluded and retain your right to sue Defendants on your own over the alleged claims at issue in this case. There is no money available now and no guarantee that there will be in the future.

What Is This Case About?
Plaintiffs allege that A & W Root Beer and Cream Soda were misleading labeled as "Made With Aged Vanilla" because the Products contained artificial vanilla flavoring – specifically ethyl vanillin. The Plaintiffs are generally asking the Court to award to Class Members statutory damages of $550 per purchase they made of A & W Root Beer or A&W Cream Soda. Defendants deny these allegations. The Court has not yet made any decisions on the merits of Plaintiffs' claims against Defendants. The lawyers for the Plaintiffs will have to prove the claims alleged in these cases.

Who Is Included?
You are a member of the Class if you purchased either A&W Root Beer (regular or diet) or A&W Cream Soda (regular or diet) in New York between February 7, 2016, and March 1, 2021. Excluded from this Class are (1) the judge assigned to this case; (2) Defendant; (3) any entity in which Defendant has a controlling interest; (4) Defendant's officers, directors, legal representatives, successors, and assigns; and, (5) persons who purchased A&W Root Beer or A&W Cream Soda for the purpose of resale.

Who Represents Plaintiffs and the Classes?
The Court appointed the following law firms to represent the Classes: Reese LLP and Sheehan & Associates, P.C. You may hire your own lawyer to appear in Court for you if you wish; however, if you do, you will be responsible for paying that lawyer on your behalf. LaShawn Sharpe and Jim Castoro are the named plaintiffs appointed as the class representatives by the Court.

What Are Your Options?
If you believe that you are a Class Member, you have a choice of whether to stay in the Class or not, and you must decide this now. If you stay in the Class, you will be legally bound by all orders and judgments of the Court, and you will not be able to sue, or continue to sue, Defendants as part of any other lawsuit involving the claims at issue in this lawsuit. If money or benefits are obtained on behalf of the Class, either through a settlement or a trial, you will be notified about how to request a share if you are a Class Member. To stay in the Class, you do not have to do anything now.

If you believe that you are a Class Member but ask to be excluded from the Class, you will not get any money or benefits from this lawsuit if any are awarded, but you will keep any rights to sue, or continue to sue, Defendants as part of another lawsuit involving the claims at issue in this lawsuit, and will not be bound by any orders or judgments of the Court. To exclude yourself from the Class, you must send a letter to the address below postmarked no later than March 22, 2022, stating that you want to be excluded. Include (1) the name of the lawsuit, (2) your name and address, (3) a clear statement of intention to exclude yourself, and (4) your signature.

LaShawn Sharpe, et al. v. A & W Concentrate Company, PO Box 2004, Chanhassen, MN, 55317-2004.

Want More Information?
If you have questions or want a detailed notice or other documents about these lawsuits and your rights, visit www.AWartificialvanillaclassaction.com or call us 1-888-303-2773.

SOURCE Analytics