7UP to drop antioxidant labeling

Dr. Pepper Snapple Group has agreed to remove vitamin E from its products and to remove all references to antioxidant from its product labels.

Dr. Pepper Snapple Group has agreed to remove vitamin E from its products and to remove all references to antioxidant from its product labels. The action settles a lawsuit filed on Nov. 8, 2012 by the U.S. Center for Science in the Public Interest (CSPI) complaining about the marketing of 7UP sodas called Cherry Antioxidant, Mixed Berry Antioxidant and Pomegranate Antioxidant. Dr. Pepper Snapple Group also agreed to pay a $5,000 settlement payment and $237,500 in attorneys' fees, but did not admit to any wrongdoing and denies claims made in the lawsuit.

 

Settlement Agreement and Release
July 15, 2013
Dr. Pepper Snapple Group to remove antioxidant labeling  

AGREEMENT TERMS

NOW, THEREFORE, for good and valuable consideration, including the promises covenants and agreements memorialized in this Agreement, the Parties agree as follows:

1. Settling All Claims. The Parties agree that they are hereby settling all the claims and any and all liability including liability for fees and costs, related to the Products (including, without limitation, claims relating to the labeling, packaging, marketing, advertising, ingredients or formulation of the Products).

2. Removal and Refrain from Use of Vitamins and Antioxidant Labeling on the Products. As of the effective date of this Agreement, DPSU [Dr Pepper/Seven Up, Inc.] has reformulated the Products to remove Vitamin E ("Vitamin E") from the Products manufactured and/or distributed by DPSU and to remove all references to Antioxidant on the Products' labels. For a period of no less than four years after the Effective Date, DPSU further agrees that it shall not add any vitamin or mineral with a DRI [Dietary Reference Intake] to the Products (other than if such are normally found in another ingredient in such Product), and shall not label the Products with any reference to "antioxidant(s)." Notwithstanding anything set out in this Agreement, DPSU's bottlers and retailers who have produced or purchased the Products may continue to use and sell through the existing inventory of the Products' labeled as containing Vitamin E or with the words Antioxidant. ...

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