Core Power “Vanilla” High Protein Milk Shake New York Class Action

The product at issue in this case is one that gives the impression of healthy contents: Core Power Vanilla High Protein Milk Shake. But the complaint for this class action alleges that it is labeled misleadingly and contains less flavoring from the vanilla plant, and more from other sources, that consumers expect.

The class for this action is all those who live in New York who bought the product during the applicable statutes of limitations.

The second page of the complaint shows an image of the bottle, which has a very large “26g” on the bottle, indicating that the product contains twenty-six grams of protein. The center of the bottle’s front label reads, “Core Power,” and right below that, “High Protein Milk Shake.” Below that is a large “Vanilla” with a smaller “Natural Flavors.” Surrounding the large “26g” are images of vanilla blossoms and vanilla beans. The bottle is a creamy yellowy beige.

The complaint alleges, “The representations are misleading because the Product contains artificial, non-vanilla flavors not disclosed to consumers and less vanilla than consumers expect.”

As a general rule, natural flavors cost more than artificial flavors. This is particularly true of vanilla, one of the most expensive flavorings in the world, which the complaint says “has reached record high prices in recent years.” But consumers prefer natural flavors and are willing to pay more for food and drinks that are naturally-flavored.

In the 1960s, federal regulations were issued for vanilla, which is still the only flavor to have its own standard of identity. The point was to avoid “food fraud” and prevent companies from fooling consumers into paying more for products that contained only a little real vanilla and a lot of artificial flavor.

While other flavors of food and drink can be labeled as, for example, “Strawberry with Other Natural Flavors” (Strawberry WONF), vanilla-flavor food and drinks cannot. With vanilla-flavored products, any flavoring not from real vanilla must be treated as an artificial flavor and the label must appropriately note this.

The complaint reproduces the product’s ingredient panel, which includes no vanilla ingredient but “Natural Flavors.” The complaint claims, “In a product with a characterizing flavor of vanilla, the designation of an ingredient as ‘natural flavor’ means it is a combination of vanilla and non-vanilla flavor…”

The complaint alleges that, “even assuming the ‘Natural Flavors’ [are] entirely from natural source material and made through a natural process, it fails to tell consumer it contains artificial vanilla flavors, which provide much or most of the vanilla taste.” The label says only “Vanilla,” without qualification, and does not disclose the non-vanilla (artificial) flavors.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Core Power “Vanilla” High Protein Milk Shake New York Complaint

September 21, 2020

The product at issue in this case is one that gives the impression of healthy contents: Core Power Vanilla High Protein Milk Shake. But the complaint for this class action alleges that it is labeled misleadingly and contains less flavoring from the vanilla plant, and more from other sources, that consumers expect.

Core Power “Vanilla” High Protein Milk Shake New York Complaint

Case Event History

Core Power “Vanilla” High Protein Milk Shake New York Complaint

September 21, 2020

The product at issue in this case is one that gives the impression of healthy contents: Core Power Vanilla High Protein Milk Shake. But the complaint for this class action alleges that it is labeled misleadingly and contains less flavoring from the vanilla plant, and more from other sources, that consumers expect.

Core Power “Vanilla” High Protein Milk Shake New York Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels