Consumers are more and more likely to prefer foods and drinks without synthetic ingredients, and companies are more and more likely to offer foods labeled as being “natural.” The complaint for this class action brings suit against the Coca-Cola Company for its Fanta dragon fruit-flavored soda, which is labeled as having “100% Natural Flavors.” The complaint alleges that this is not true, because it contains DL-malic acid, a synthetic ingredient.
Two classes have been defined for this action:
- The Florida Class is all persons in Florida who bought the product during the applicable statutes of limitations.
- The Consumer Fraud Multi-State Class is all persons in Alabama, New Mexico, Mississippi, Utah, Nebraska, South Carolina, Tennessee, and Virginia who bought the product during the applicable statutes of limitations.
According to the complaint, 82% of those responding to a survey believed that foods with artificial ingredients are not as healthy as those without. Also, it says, the Nielsen Global Health & Wellness Survey indicates that 40% of respondents think it is very important that food not contain artificial ingredients.
The complaint alleges, “Consumers seek to avoid artificial flavors because they are weary of ingredients which are highly processed with chemical additives and synthetic solvents in laboratories.”
Page 4 of the complaint shows close-ups of the Fanta drink’s labels, including a small-print representation at the bottom of the label saying, “Zero Calorie Dragon Fruit Soda Naturally Flavored” and a green leaf shape at the top right with the words, “100% Natural Flavors.”
However, the following page shows a close-up of a portion of the ingredient panel, which lists “Malic Acid” and then “Natural Flavors.” The complaint points out that this means that the product contains more malic acid than natural flavors.
The complaint alleges that malic acid has two isomers, or arrangement of molecules: L-malic acid and D-malic acid. L-malic acid occurs naturally in dragon fruit, the complaint alleges, but D-malic acid does not occur naturally.
The complaint claims, “The addition of DL-Malic Acid imparts, creates, enhances, simulates, resembles and/or reinforces the sour, tart, sweet and fruity taste that dragon fruit is known for.” It adds, “Federal and identical state regulations require the Product to disclose the source of [the] dragon fruit flavor, i.e., from dragon fruit, natural sources other than dragon fruit, and/or artificial, synthetic sources, such as DL-Malic Acid from petroleum.”
“The results of analyzing the Product in accordance with accepted methodologies and standards,” the complaint asserts, “revealed the presence of artificial DL-Malic Acid instead of natural L-Malic Acid.” The complaint claims that the product labeling is misleading because it does not disclose the presence of synthetic DL-malic acid.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Fanta “Naturally Flavored” Dragon Fruit Soda Contains Synthetic Complaint
September 2, 2022
Consumers are more and more likely to prefer foods and drinks without synthetic ingredients, and companies are more and more likely to offer foods labeled as being “natural.” The complaint for this class action brings suit against the Coca-Cola Company for its Fanta dragon fruit-flavored soda, which is labeled as having “100% Natural Flavors.” The complaint alleges that this is not true, because it contains DL-malic acid, a synthetic ingredient.
Fanta “Naturally Flavored” Dragon Fruit Soda Contains Synthetic ComplaintCase Event History
Fanta “Naturally Flavored” Dragon Fruit Soda Contains Synthetic Complaint
September 2, 2022
Consumers are more and more likely to prefer foods and drinks without synthetic ingredients, and companies are more and more likely to offer foods labeled as being “natural.” The complaint for this class action brings suit against the Coca-Cola Company for its Fanta dragon fruit-flavored soda, which is labeled as having “100% Natural Flavors.” The complaint alleges that this is not true, because it contains DL-malic acid, a synthetic ingredient.
Fanta “Naturally Flavored” Dragon Fruit Soda Contains Synthetic Complaint