7-Eleven, Inc. makes Extra Strength Energy Shots under its own brand, in flavors that include Watermelon Lime, which it claims have “100% Natural Flavors.” However, the complaint for this class action alleges that the drinks contain DL-malic acid, a synthetic substance, as a flavoring component, and they are therefore likely to contain less watermelon or lime flavor.
Two classes have been proposed for this action:
- The New York Class is all persons in New York who bought the product during the applicable statutes of limitations.
- The Consumer Fraud Multi-State Class is all persons in North Dakota, Kansas, Wyoming, and Delaware who bought the product during the applicable statutes of limitations.
Consumers these days prefer natural flavors and avoid synthetic flavors, because they believe that synthetic ingredients are bad for both their health and the environment.
Pages 1 and 2 of the complaint show pictures of the Extra Strength Energy bottle, with the claim to have “100% Natural Flavors” along with images of a slice of watermelon and portions of a lime.
The complaint alleges, “Federal and identical state regulations prohibit false and deceptive identification of the source of a food or beverage’s characterizing flavors.” Food labels must disclose whether the flavors are from the fruits shown on the labels, from other fruits, or from other, artificial sources, the complaint claims.
Page 3 of the complaint shows an image of the product’s ingredient label, which shows flavoring ingredients “Natural Flavor” and “Malic Acid.”
Malic acid comes in two forms, L-malic acid and D-malic acid. L-malic acid is found naturally in fruits. It provides a tart taste. D-malic acid is not natural. The complaint alleges that D-malic acid is most commonly found in the form of DL-malic acid, “which is commercially made from petroleum products.” The complaint adds, “Based on laboratory analysis, the Product contains DL-Malic Acid.” This is not a natural flavor.
The taste of watermelon, the complaint claims, has to do with the balance of sugars to acids. Malic acid, it says, the main acid in watermelon and the second most predominant acid in lime. The complaint contends, “The Product could have used natural, L-Malic Acid, or more natural watermelon and natural lime flavor.” Instead, it used the artificial malic acid.
The complaint alleges, “DL-Malic Acid could function as a flavor enhancer or PH balancer if the flavor imparted by malic acid was not a core component of watermelon or lime.” However, DL-malic acid “enhances and simulates” the watermelon and lime flavors.
Therefore, the complaint alleges, “Consumers are misled by expecting the taste comes exclusively from natural flavoring and natural flavors.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
7-Eleven Extra Strength Energy Shots “Natural” Flavor Complaint
October 30, 2021
7-Eleven, Inc. makes Extra Strength Energy Shots under its own brand, in flavors that include Watermelon Lime, which it claims have “100% Natural Flavors.” However, the complaint for this class action alleges that the drinks contain DL-malic acid, a synthetic substance, as a flavoring component, and they are therefore likely to contain less watermelon or lime flavor.
7-Eleven Extra Strength Energy Shots “Natural” Flavor ComplaintCase Event History
7-Eleven Extra Strength Energy Shots “Natural” Flavor Complaint
October 30, 2021
7-Eleven, Inc. makes Extra Strength Energy Shots under its own brand, in flavors that include Watermelon Lime, which it claims have “100% Natural Flavors.” However, the complaint for this class action alleges that the drinks contain DL-malic acid, a synthetic substance, as a flavoring component, and they are therefore likely to contain less watermelon or lime flavor.
7-Eleven Extra Strength Energy Shots “Natural” Flavor Complaint