Target Corporation offers a “Liquid Water Enhancer” under its Market Pantry brand that purports to be made with natural flavors. However, the complaint for this class action alleges that it contains artificial flavors without properly noting that on the container.
Two classes have been defined for this action:
- The Illinois Class is all persons in Illinois who bought the product during the applicable statutes of limitations.
- The Consumer Fraud Multi-State Class is all persons in Michigan, Texas, Arkansas, Delaware, Wyoming, Virginia, and Oklahoma who bought the product during the applicable statutes of limitations.
Page 1 of the complaint shows the red product bottle containing the drink concentrate. Page 2 shows a close-up of part of the front label, reading, “Fruit Punch” and “Natural Flavor with Other Natural Flavors” on a pink and red background that suggests the color of fruit punch.
The complaint claims that more than seven out of ten consumers avoid artificial flavorings and believe they are associated with negative health effects. It also says, “According to Forbes, 88% of consumers consider foods without artificial flavors to be more natural and/or health[ier] than foods with artificial flavors, and they would pay more for such foods.”
Under both state and federal regulations, foods must disclose the source of their flavors.
On page 3, the complaint reproduces the ingredient label for the product. While it does list “Natural Flavors” as its fourth ingredient, it lists “Malic Acid” as its second ingredient.
According to the complaint, there are two isomers of malic acid. L-malic acid is a natural ingredient found in fruit that provides a tart flavor. D-malic acid is not a natural substance. Because there are two different types of malic acid, the complaint says, the company is required to tell consumers whether it used the artificial one or the natural one.
The complaint alleges that “DL-malic acid is the racemic mix of D isomer and L isomer” and that it “is a synthetic chemical manufactured from petroleum.” The complaint asserts, “Laboratory analysis concluded the Product contains dl-malic acid.”
According to the complaint, the company could have flavored the product with L-malic acid, or it could have used more natural fruit flavors. “However,” the complaint speculates, the company “used artificial dl-malic acid because it was lower-priced and/or more accurately resembled natural fruit flavor in fruit punch.”
Because the product had no reference to “Artificial Flavor” either on its front or in the ingredient list, the complaint says, consumers expect it to be flavored only with natural ingredients.
The presence of the artificial flavor, the complaint claims, means that “[t]he value of the Product … was materially less than its value as represented…”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Market Pantry Fruit Punch Liquid Water Enhancer Artificial Flavoring Complaint
January 16, 2022
Target Corporation offers a “Liquid Water Enhancer” under its Market Pantry brand that purports to be made with natural flavors. However, the complaint for this class action alleges that it contains artificial flavors without properly noting that on the container.
Market Pantry Fruit Punch Liquid Water Enhancer Artificial Flavoring ComplaintCase Event History
Market Pantry Fruit Punch Liquid Water Enhancer Artificial Flavoring Complaint
January 16, 2022
Target Corporation offers a “Liquid Water Enhancer” under its Market Pantry brand that purports to be made with natural flavors. However, the complaint for this class action alleges that it contains artificial flavors without properly noting that on the container.
Market Pantry Fruit Punch Liquid Water Enhancer Artificial Flavoring Complaint