Kids Protein “Vanilla” Organic Nutritional Shake Real Vanilla Content Class Action

Orgain, LLC makes drinks it calls Kids Protein Organic Nutritional Shake. This class action alleges that the Vanilla variety of the drink is labeled in a false and misleading way because it gives the impression that the vanilla flavoring is entirely natural, from the vanilla plant, when, according to the complaint, it most likely contains little, if any, actual vanilla extract.

The class for this action is all those who live in Illinois, Iowa, Kansas, and Indiana who bought the product during the applicable statutes of limitations.

Page 2 of the complaint shows an image of the drink container, which displays the words “Vanilla Flavor” and an image of a vanilla flower. This, the complaint says, along with the absence of any qualifiers, such as “artificially flavored,” give consumers “the impression the Product’s flavoring is only from the natural flavor of vanilla and does not contain artificial flavors.”

Vanilla beans contain natural vanillin, but the complaint alleges that this is “less than one-third of the overall flavor/aroma impact of vanilla.” Also contributing to the flavor or aroma are elements such as methyl cinnamate, cinnamyl alcohol, p-cresol, acetovanillone, p-hydroxybenzoic acid and vanillic acid. Food flavored only with vanillin, the complaint says, have “a lackluster ‘chemical-like’ taste and odor because it lacks the other molecules in vanilla.”

The ingredient panel for the product only lists “Natural Flavors” and “Natural Flavor.”

Vanillin can be “natural” if it is made from the vanilla bean. However, the complaint alleges that this is not done because it would have to be taken from vanilla extract. The complaint reviews a number of other ways to make vanillin, contending that none of the results truly qualifies to be called “natural.”

According to the complaint, vanillin is always required to be listed as an artificial flavor. Because the Kids Protein drink “is flavored predominantly from vanillin,” the complaint contends, “it must be identified as ‘artificially flavored.’”

How can we know that the drink is flavored primarily with vanillin? According to the complaint, analytical testing performed on the product in fall 2020 shows that the product “contains added artificial flavor(s) including vanillin.”

For two reasons, the complaint contends that the results of the testing indicates that the flavor does not come primarily from vanilla extract: “(1) the amount of vanillin was significantly greater than it would be if it were only present because of the Product containing vanilla extract as part of the ‘Natural Flavors’ and ‘Natural Flavor’ ingredients and (2) the vanillin was unaccompanied by the other flavoring components of vanilla from the vanilla plant, even though these compounds were screened for.”

That is, the product contained no detectable levels of things like methyl cinnamate, cinnamyl alcohol, p-cresol, acetovanillone, p-hydroxybenzoic acid, vanillic acid, and so on. The complaint therefore charges that the product “contains, at most, a trace or de minimis amount of vanilla.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Kids Protein “Vanilla” Organic Nutritional Shake Real Vanilla Content Complaint

February 8, 2021

Orgain, LLC makes drinks it calls Kids Protein Organic Nutritional Shake. This class action alleges that the Vanilla variety of the drink is labeled in a false and misleading way because it gives the impression that the vanilla flavoring is entirely natural, from the vanilla plant, when, according to the complaint, it most likely contains little, if any, actual vanilla extract.

Kids Protein “Vanilla” Organic Nutritional Shake Real Vanilla Content Complaint

Case Event History

Kids Protein “Vanilla” Organic Nutritional Shake Real Vanilla Content Complaint

February 8, 2021

Orgain, LLC makes drinks it calls Kids Protein Organic Nutritional Shake. This class action alleges that the Vanilla variety of the drink is labeled in a false and misleading way because it gives the impression that the vanilla flavoring is entirely natural, from the vanilla plant, when, according to the complaint, it most likely contains little, if any, actual vanilla extract.

Kids Protein “Vanilla” Organic Nutritional Shake Real Vanilla Content Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels