With consumers nowadays preferring more “natural” foods and drinks, companies attempt to make more sales by touting their products as “natural.” One of the companies that does this, the complaint for this class action alleges, is Muscle Feast, LLC, which makes a powdered product called 8-Hour Energy Pre-Workout, in a peach-mango flavor, which it advertises as being “All Natural.” But the complaint alleges that this advertising is false, because the powder contains a synthetic ingredient, DL malic acid.
The Nationwide Class for this action is all consumers nationwide who bought the products between February 6, 2019 and February 6, 2023. A California Subclass has also been proposed, for those in the above class in California.
Consumers these days seek out “clean label” products. The complaint cites a 2018 survey by L.E.K. Consulting that found that consumers prefer “clean” foods, with 69 percent committed to, or preferring to buy foods that had no artificial ingredients. According to the complaint, around 60 to 70 percent of consumers indicated they would pay more for “clean label” foods.
The 8-Hour Energy Pre-Workout powder at issue in this case was labeled as being “All Natural Peach Mango” flavor, which purports to offer increased energy to make workouts more effective and hasten the recovery of muscles. Page 5 of the complaint shows an image of the product, bearing a green seal with an image of two leaves, the words “All Natural” in the center, and around the edge, the words “Flavored, Sweetened, Colored.”
The same page shows part of an Amazon ad for the product, saying, “All Natural No Artificial Ingreidents.”
However, the complaint alleges that these claims are false because the product contains malic acid, a synthetic ingredient that provides tartness and that is derived from petrochemicals.
A natural form of malic acid does exist, the complaint admits, but “it is extremely expensive to formulate in large quantities and is almost never used in mass-produced food products. Instead, testing by an independent third-party laboratory has confirmed that the malic acid that [Muscle Feast] uses in these Products is DL malic acid, a synthetic substance derived from petrochemicals.”
According to the complaint, DL malic acid is made from benzene or butane, “through a series of chemical reactions, some of which involve highly toxic chemical precursors and byproducts.”
The complaint thus faults Muscle Feast, first of all, for labeling this flavoring that provides tartness by its generic name (“malic acid”) rather than by its specific name (“DL malic acid”).
Second, it faults Muscle Feast for indicating that the flavor is provided only by the named fruits or natural flavors. With quotations from federal laws, the complaint alleges, “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.’”
California law also requires that the product have disclosures on both the front and back labels revealing artificial flavoring, the complaint alleges.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Muscle Feast 8-Hour Energy Pre-Workout Not “All Natural” Complaint
February 6, 2023
With consumers nowadays preferring more “natural” foods and drinks, companies attempt to make more sales by touting their products as “natural.” One of the companies that does this, the complaint for this class action alleges, is Muscle Feast, LLC, which makes a powdered product called 8-Hour Energy Pre-Workout, in a peach-mango flavor, which it advertises as being “All Natural.” But the complaint alleges that this advertising is false, because the powder contains a synthetic ingredient, DL malic acid.
Muscle Feast 8-Hour Energy Pre-Workout Not “All Natural” ComplaintCase Event History
Muscle Feast 8-Hour Energy Pre-Workout Not “All Natural” Complaint
February 6, 2023
With consumers nowadays preferring more “natural” foods and drinks, companies attempt to make more sales by touting their products as “natural.” One of the companies that does this, the complaint for this class action alleges, is Muscle Feast, LLC, which makes a powdered product called 8-Hour Energy Pre-Workout, in a peach-mango flavor, which it advertises as being “All Natural.” But the complaint alleges that this advertising is false, because the powder contains a synthetic ingredient, DL malic acid.
Muscle Feast 8-Hour Energy Pre-Workout Not “All Natural” Complaint