Consumers these days prefer “clean label” foods—those that are all natural, with no artificial ingredients and no preservatives—and are willing to pay higher prices for them. At issue in this case is a supplement made by Ghost, LLC, which does business as Ghost Lifestyle. The Ghost Greens Superfood supplement claims to be “Naturally Flavored,” but the complaint alleges that it contains an artificial flavor, malic acid.
The class for this action is all persons in California who bought the products between May 13, 2018 and the present.
The Ghost Greens Superfood supplement is meant to help with muscle growth and probiotic needs, the complaint alleges. It comes in three flavors: Lime, Guava, and Iced Tea Lemonade.
Page 5 of the complaint shows an image of the supplement jar label, including the claim that the product is “Naturally Flavored.” The complaint alleges that when a product is labeled as being “Naturally Flavored,” “consumers expect only natural flavoring to be used in the Products…” But this is not true of the Ghost Greens Superfood, the complaint alleges, because it contains an ingredient identified as “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 [Ghost] uses in these Products is d-l malic acid, a synthetic petrochemical” that is made from benzene or butane “through a series of chemical reactions, some of which involve highly toxic chemical precursors and byproducts.”
Fruit flavors are partly defined by the ratio of sugars to acids, such as malic acid, the complaint alleges, so malic acid is used “to create, enhance, simulate, and/or reinforce the sweet and tart taste that consumers associate with the characterizing fruit flavors…”
According to the complaint, “The ingredients on the Products’ label are declared in a way that is misleading and contrary to law, because [Ghost] designates the ingredient by its generic name, ‘malic acid,’ instead of by its specific name, ‘d-l malic acid.’”
“Even if the malic acid used in the products is l-malic acid,” the complaint contends, “it is still not a ‘natural’ flavoring[,]” because it most likely “uses a substrate that is derived from petroleum products.”
The complaint claims that the product is misbranded according to food labeling laws: “If any artificial flavor is present which ‘simulates, resembles or reinforces’ the characterizing flavor, the front label must prominently inform consumers that the product is ‘Artificially Flavored.’”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Ghost Greens Superfood Contains D-L Malic Acid Complaint
May 13, 2022
Consumers these days prefer “clean label” foods—those that are all natural, with no artificial ingredients and no preservatives—and are willing to pay higher prices for them. At issue in this case is a supplement made by Ghost, LLC, which does business as Ghost Lifestyle. The Ghost Greens Superfood supplement claims to be “Naturally Flavored,” but the complaint alleges that it contains an artificial flavor, malic acid.
Ghost Greens Superfood Contains D-L Malic Acid ComplaintCase Event History
Ghost Greens Superfood Contains D-L Malic Acid Complaint
May 13, 2022
Consumers these days prefer “clean label” foods—those that are all natural, with no artificial ingredients and no preservatives—and are willing to pay higher prices for them. At issue in this case is a supplement made by Ghost, LLC, which does business as Ghost Lifestyle. The Ghost Greens Superfood supplement claims to be “Naturally Flavored,” but the complaint alleges that it contains an artificial flavor, malic acid.
Ghost Greens Superfood Contains D-L Malic Acid Complaint