If a product is labeled as “orange,” should the product contain real orange or flavor from real oranges? If not, how should that drink be presented to consumers? Celsius Holdings, Inc. makes a line of “healthy energy” drinks, one of which is labeled as “Sparkling Orange.” The complaint for this class action alleges that the drink does not contain any substance from an actual orange or any qualification on the label to indicate that it is “flavored.”
The National Class for this action is all persons in the US who bought the class products in the US during the maximum time allowable under the statute of limitations. A California class has also been defined, for those in California who bought the products in California.
The complaint opens with a quotation from an entry in the Federal Register dated December 3. 1973: “The difference between a product that contains a characterizing food ingredient and a product that contains no such ingredient …. is very important to the value of the product and thus to the consuming public.”
The Celsius Sparkling Orange drink is part of a line of “functional calorie[-]burning fitness beverages” that are advertising as having “no preservatives artificial colors or flavors.” Celsius markets the drinks as being “healthier” than other drinks and “as natural as possible.” According to the complaint, the drinks have had a large increase in sales over the past year.
An image of the Sparkling Orange drink appears on page 2 of the complaint. The reference to “orange” appears in the drink’s “Sparkling Orange” name, in orange colors on the can, and in the large image of a slice of an orange. However, the product does not contain any slice or other part of an orange, the complaint says, “but rather derives its taste from a lab[-]synthesized ingredient defined obtusely as ‘natural flavor.’”
The drink gets its color from beta-carotene, as noted in the ingredient panel.
The complaint alleges that even “natural flavors” “are complex, highly processed[] amalgams of chemicals, carrier solvents, and preservatives. Despite initiating from a single natural source, the finalized flavor can contain as many as 250 chemically identified constituents, some of which are artificial and synthetic.” These additional ingredients, the complaint alleges, “can make up 80 to 90 percent of the flavor.”
According to the complaint, “By law, if a product does not contain its characterizing ingredient, that fact must be stated on the principal display panel in order to properly inform consumers that this is a flavored product.”
The complaint contends, “By characterizing the Product in this manner—failing to either include its characterizing ingredient, or alternatively, clearing indicating on the Product’s principal display panel that it is a “flavored” beverage, Celsius has falsely and misleadingly labeled its Products, deceived its consumers, and violated the law.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Celsius Sparkling Orange Does Not Contain Orange Complaint
February 22, 2021
If a product is labeled as “orange,” should the product contain real orange or flavor from real oranges? If not, how should that drink be presented to consumers? Celsius Holdings, Inc. makes a line of “healthy energy” drinks, one of which is labeled as “Sparkling Orange.” The complaint for this class action alleges that the drink does not contain any substance from an actual orange or any qualification on the label to indicate that it is “flavored.”
Celsius Sparkling Orange Does Not Contain Orange ComplaintCase Event History
Celsius Sparkling Orange Does Not Contain Orange Complaint
February 22, 2021
If a product is labeled as “orange,” should the product contain real orange or flavor from real oranges? If not, how should that drink be presented to consumers? Celsius Holdings, Inc. makes a line of “healthy energy” drinks, one of which is labeled as “Sparkling Orange.” The complaint for this class action alleges that the drink does not contain any substance from an actual orange or any qualification on the label to indicate that it is “flavored.”
Celsius Sparkling Orange Does Not Contain Orange Complaint