Dr Pepper is suing their oldest franchise bottler for violating their territory distribution agreement, which could lead to the end of production of the bottler's popular version of the soda brand. The Dr Pepper Snapple Company, headquartered in the Dallas suburb of Plano, Texas, is charging in federal court that their bottler in Dublin, Texas, is violating the terms of their franchise agreement by selling their brand of Dr. Pepper outside of their territory.
The brand is question, called Dublin Dr Pepper, has used the same formula since 1891, which includes the use of pure cane sugar as a sweetner. Most Dr Pepper bottlers abandoned the use of sugar years ago in favor of high fructose corn syrup, which is sweeter and cheaper. Fans of Dublin Dr Pepper prefer the taste of sugar, and many go out of their way to purchase from the bottler located 115 miles southwest of Dallas.
According to the lawsuit, Dr Pepper alleges that the Dublin bottler, by selling their brand online and through an 800 number, is selling outside of their territory. The company also wants the bottler to stop using the Dublin name to sell their Dr Pepper and is threatening to yank their franchise license if they do not.
Part of the problem stems from the fact that some businesses and restaurants purchase Dr Pepper from Dublin to offer in their establishments. In those cases, the Dublin bottler limits the number of cases one can purchase to discourage resellers. Even so, Dr Pepper said the practice is taking business away from other bottlers. Wording in the lawsuit suggests Dr Pepper Snapple wants the Dublin bottler to use current logos on their products, rather than the retro-themed logos they currently use. The company may even force Dublin to use the same formula as other bottlers, which could end the use of pure cane sugar in the Dublin brand altogether.
In a statement posted on their website, the Dublin bottler stated, "We are surprised to learn that our corporate partner has taken this action, but we are confident that this lawsuit will not succeed. We have been a loyal partner to Dr Pepper Snapple longer than any other bottler ... We look forward to telling our side of the story before a judge and jury, and we will continue to provide great products and great service to every one of our customers."
While the Dublin bottler is being accused of selling outside of its territory, it seems there is a strong demand for their product. At The Soda Gallery, a shop in Dallas' Bishop Arts District that specializes in unusual and hard-to-find sodas, Dublin Dr Pepper is a top seller. "We sell about a pallet a month," owner Tony Font said. Because Dallas is outside of the Dublin bottler's territory, the amount he can buy is limited. "When we go there, they only let us buy 20 cases."
The Soda Gallery is just the type of business Dr Pepper Snapple is trying to stop from selling the Dublin brand, but Font insists the product choice among his customers is clear. "I've watched customers compare the two [Dr Pepper] versions side by side, and there is no question - they prefer the sugar version."
Font thinks the lawsuit is pointless, and he thinks Dr Pepper should allow consumers to purchase the brand they want. It is a sentiment echoed on Dr Pepper's Facebook page, where upset fans are voicing their displeasure:
"Leave Dublin Dr Pepper alone!" James Gay proclaimed.
"Dublin Dr Pepper is so much better than regular Dr Pepper. Drop the lawsuit," John Strunc posted.
Some Facebook fans are even promising to swear off the drink if Dublin ceases production. "I'll stop drinking it altogether if they put a stop to Dublin Dr Pepper," Margie Damron said.
"Not drinking regular Dr Pepper until you stop [the lawsuit]. How petty," Lisa Priest said.
Facebook fans have started their own group on the site to support the Dublin bottler. Called "Support Dublin Dr Pepper," the group has already gained several thousand members in its first few days.
Consumers upset over the potential loss of Dublin Dr Pepper can contact Dr Pepper consumer relations at 800-696-5891 or at the following address:
Dr Pepper/Seven Up Inc.
Attn: Consumer Relations
P.O. Box 869077
Plano, TX 75086-9077
Victor Medina has served as a Dallas County election judge and currently serves as his political party's precinct chairman. He has covered local issues as a Community Voices columnist for the Dallas Morning News and has served as a member of the board of directors of the Sixth Floor Museum at Dealey Plaza in Dallas.
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