The company 1st Phorm International, LLC makes a supplement called Ultra Performance Hydration Sticks consisting of small vertical packages of powder that claim to be “Naturally Flavored.” But the complaint for this class action alleges the powder does in fact contain a synthetic ingredient, DL malic acid, which it says is derived from petrochemicals.
The Nationwide Class for this action is all consumers through the nation who bought the products between February 6, 2019 and the present. A California Subclass has also been defined, for those in the above class in California.
Many people these days want “clean label” products. The complaint cites a 2018 survey by L.E.K. Consulting that found that consumers prefer “clean” foods, with 69 percent committed to, or preferring to buy foods that had no artificial ingredients. According to the complaint, around 60 to 70 percent of consumers indicated they would pay more for “clean label” foods.
The Hydration Sticks provide electrolytes and improve hydration in order to make workouts more effective and efficient and to hasten the recovery and growth of muscles. Page 5 of the complaint shows an image of the products, in mango, watermelon, and citrus flavors. The front label states that the powders are “Naturally Flavored” and shows images of the appropriate fruits to emphasize this. The side panel shows various statements about the powders placed inside circles, including “Naturally Flavored.”
However, the complaint alleges that the claim that the powders are “Naturally Flavored” is false because they contain malic acid.
A natural form of malic acid does exist, the complaint admits, but “it is extremely expensive to formulate in large quantities and is almost never used in mass-produced food products. Instead, testing by an independent third-party laboratory has confirmed that the malic acid that [1st Phorm] uses in these Products is DL malic acid, a synthetic substance derived from petrochemicals.”
According to the complaint, DL malic acid is made from benzene or butane, “through a series of chemical reactions, some of which involve highly toxic chemical precursors and byproducts.”
The complaint thus faults 1st Phorm, first of all, for labeling this flavoring that provides tartness by its generic name (“malic acid”) rather than by its specific name (“DL malic acid”).
Second, it faults 1st Phorm for indicating, with both words and images of whole fruit, that the flavor is provided only by the named fruits or natural flavors. Quoting from federal laws, the complaint alleges, “If any artificial flavor is present which ‘simulates, resembles or reinforces’ the characterizing flavor, the front label must prominently inform consumers that the product is ‘Artificially Flavored.’”
California law also requires that the products have disclosures on both the front and back labels revealing artificial flavoring, the complaint alleges.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Ultra Performance Hydration Sticks Have Synthetic Flavoring Complaint
February 6, 2023
The company 1st Phorm International, LLC makes a supplement called Ultra Performance Hydration Sticks consisting of small vertical packages of powder that claim to be “Naturally Flavored.” But the complaint for this class action alleges the powder does in fact contain a synthetic ingredient, DL malic acid, which it says is derived from petrochemicals.
Ultra Performance Hydration Sticks Have Synthetic Flavoring ComplaintCase Event History
Ultra Performance Hydration Sticks Have Synthetic Flavoring Complaint
February 6, 2023
The company 1st Phorm International, LLC makes a supplement called Ultra Performance Hydration Sticks consisting of small vertical packages of powder that claim to be “Naturally Flavored.” But the complaint for this class action alleges the powder does in fact contain a synthetic ingredient, DL malic acid, which it says is derived from petrochemicals.
Ultra Performance Hydration Sticks Have Synthetic Flavoring Complaint