Evlution Nutrition, LLC makes, among other products, Evlution BCAA Energy Powder, in flavors including acai berry and lemon lime. The complaint for this class action alleges that these products are “misbranded and falsely advertised in California” because the labels claim they are “Naturally Flavored” when they contain malic acid.
The class for this action is all persons in California who bought the products between July 14, 2018 and July 14, 2022.
Consumers nowadays seek out “clean labels.” The complaint alleges that the three “clean” attributes that are most attractive to customers are “no artificial ingredients,” ‘no preservatives,” and “all-natural,” and a large proportion of customers are willing to pay more for these kinds of products.
The complaint also claims, “Research by Consumer Reports indicates that nearly 90 percent of consumers believe and expect that foods described as ‘natural’ should contain no artificial ingredients.”
Page 5 of the complaint shows an image of the Evlution BCAA Energy can, which states that the acai berry version is “Naturally Flavored.” The complaint claims that the lemon lime version makes a similar claim. But the following page shows an image of a portion of the back label, which states that the product contains “Malic Acid.”
The complaint alleges, “While there is a naturally[-]occurring form of malic acid, it is extremely expensive to formulate in large quantities and is almost never used in mass-produced food products. Instead, the malic acid that [Evlution] uses in these Products is ‘DL malic acid,’ a synthetic petrochemical.”
The complaint claims that this kind of malic acid is made “in petrochemical plants from benzene or butane—components of gasoline and lighter fluid, respectively—through a series of chemical reactions, some of which involve highly toxic chemical precursors and byproducts.” (Although an L malic acid also exists, the complaint argues that this is not a natural flavoring either.)
According to the complaint DL malic acid is used to change the ratio between sweetness and tartness in the products, in order to create, simulate, or reinforce the sweetness and tartness of the fruit flavors in the acai berry and lemon lime flavors.
The listing of “Malic Acid” on the label is deceptive, the complaint alleges, because it is designating the ingredient by its generic name and not by its specific name, “DL Malic Acid.”
The complaint reviews California’s Sherman Food, Drug, and Cosmetic Law on characterizing flavors (such as lemon and lime and acai berry in these products) and labeling requirements. Among other provisions, the complaint claims the law requires that “[i]f any artificial flavor is present that ‘simulates, resembles or reinforces’ the characterizing flavor, the front label must prominently inform consumers that the product is ‘Artificially Flavored.’”
That notation, the complaint alleges, must be in a bold font on the front label and large enough for consumers to notice.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Evlution BCAA Energy Powder Flavoring CA Complaint
July 14, 2022
Evlution Nutrition, LLC makes, among other products, Evlution BCAA Energy Powder, in flavors including acai berry and lemon lime. The complaint for this class action alleges that these products are “misbranded and falsely advertised in California” because the labels claim they are “Naturally Flavored” when they contain malic acid.
Evlution BCAA Energy Powder Flavoring CA ComplaintCase Event History
Evlution BCAA Energy Powder Flavoring CA Complaint
July 14, 2022
Evlution Nutrition, LLC makes, among other products, Evlution BCAA Energy Powder, in flavors including acai berry and lemon lime. The complaint for this class action alleges that these products are “misbranded and falsely advertised in California” because the labels claim they are “Naturally Flavored” when they contain malic acid.
Evlution BCAA Energy Powder Flavoring CA Complaint