FitLife Brands, Inc. makes certain dietary supplements, which it advertises as “all natural.” But the complaint for this class action alleges that this claim is false and misleading, because the products contain an artificial form of malic acid, dl-malic acid.
The class for this action is all persons in the US who bought the products between February 11, 2017 and the date the class is certified in this case. The products at issue are the following drink mixes:
- BCAA All Natural Amino Drink Lemonade flavor
- BCAA All Natural Amino Drink OC Tropical flavor
Page 4 of the complaint show containers for both drink mixes. Prominently on both cannisters is the word “Natural,” which is in a font second in size only to the BCAA brand name. Below the word “Natural” are the words “All Natural Amino Drink.” The cannisters also show images of the related fruit—cut pieces of lemon for the lemonade flavor, and pieces of orange, coconut, and strawberry for the OC Tropical flavor. Both also bear the words, “Naturally Flavored” in a small font under the flavor name. The complaint calls the labeling “fraudulent.”
Pages 4 and 5 also show ads for the products. The first features a growing orange and green leaves on a green and yellow background with the words “only natural plant-based sources.” Beside this image is a block with other claims, such as “No artificial colors or flavors” and “all natural amino drink.”
The second shows an apparently healthy couple jogging together in workout clothing, the overlying words, “natural guilt-free energy and recovery,” and with the box beside the image repeating the “All Natural” claim. The third shows a young man and woman in presumably vibrant health; the box beside it shows the OC Tropical cannister and makes a number of claims, including “no artificial flavors”
But the complaint alleges that the malic acid in the product is not natural.
Malic acid, which provides a tart taste, has two isomers, or arrangements of atoms in its molecule. These are l-malic acid and d-malic acid.
L-malic acid is found naturally in a number of fruits, the complaint claims, but d-malic acid is not natural. D-malic acid, the complaint alleges, “is most commonly found in a Racemic Mixture, DL-Malic Acid, which is commercially made from petroleum products.” The alleges that the drinks contain d-malic acid or dl-malic acid.
The complaint alleges, “On information and belief, [FitLife] employs professional chemists to create the chemical formulas of [its] Products. Therefore, [FitLife] through its employees knew or should have known that D-Malic Acid is not naturally occurring,” and that if it added DL-malic acid to its products, they would no longer be all natural.
According to the complaint, “[a]s a result of [FitLife’s] fraudulent labeling, [consumers] have been misled into purchasing Products that did not provide them with the benefit of the bargain they paid money for, namely that the Products would be all natural.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
FitLife BCAA “All Natural” Amino Drink Mix Complaint
February 11, 2022
FitLife Brands, Inc. makes certain dietary supplements, which it advertises as “all natural.” But the complaint for this class action alleges that this claim is false and misleading, because the products contain an artificial form of malic acid, dl-malic acid.
FitLife BCAA “All Natural” Amino Drink Mix ComplaintCase Event History
FitLife BCAA “All Natural” Amino Drink Mix Complaint
February 11, 2022
FitLife Brands, Inc. makes certain dietary supplements, which it advertises as “all natural.” But the complaint for this class action alleges that this claim is false and misleading, because the products contain an artificial form of malic acid, dl-malic acid.
FitLife BCAA “All Natural” Amino Drink Mix Complaint