text: Again, this doesn’t address head-on the majority’s claim that affirmative misrepresentations are relevantly different. As to that, Read argued that the distinction was evanescent, especially given that TILA preempts state regulations that “relate to” disclosures, and “relate to” is a broad term. The only way for defendants to “dispel the complained-about ‘overall impression’” and comply with the injunction would be to change the form and content of its solicitations—that is, to make different disclosures. Neither the AG nor the majority explained how else defendants might eliminate the misrepresentations. (They could, of course, choose to stop offering such terms—given the intertwined concerns of form and substance here, as recognized in proposed Regulation AA, that might be the right result.)
  In the end, Read concluded, “Congress essentially decided that the benefits from a uniform, nationwide regime for disclosure under the aegis of the Board outweighed any loss of protection to consumers under state law.” Thus, the AG’s good intentions, and the federal government’s arguable poor stewardship under TILA, were insufficient to override the Supremacy Clause’s mandate.
  Note: for excellent continuing coverage of consumer credit issues, the Credit Slips blog is the place to go.
  
  Canada Dry Ginger Ale allegedly deceived consumers with the phrase “Made From Real Ginger” when, in fact, Canada Dry does not contain the type of, or amount of, ginger consumers would expect (ginger root). Instead, Canada Dry contains a ginger derivative, ginger oleoresin. Plaintiffs alleged that Dr. Pepper was wrongfully able to charge a 4% price premium on Canada Dry as a result. The court certified a class and rejected challenges to plaintiffs’ expert declarations in support of class certification on the usual California claims.
  Plaintiffs’ survey expert, Dr. Dennis, looked at consumer understanding of “Made from Real Ginger” and materiality/price premiums. Respondents were asked “what is your understanding of the statement ‘Made From Real Ginger’ on the Canada Dry Ginger Ale?” and provided options: