Fit Foods Distribution, Inc., a Canadian company that does business as Mutant, offers GEAAR essential amino acid powder in a blue raspberry flavor, which is labeled as containing “No Synthetic Flavors.” However, the complaint for this class action alleges that the supplement powder does in fact contain the synthetic flavoring DL malic acid, which it says is derived from petrochemicals.
The class for this action is all consumers in California who bought the products between February 6, 2019 and the present.
The Mutant GEAAR powder is advertised as making workouts more effective and efficient and encouraging muscle recovery and growth. Page 5 of the complaint shows an image of the product. The front label makes four specific promises highlighted by graphic elements, the fourth one being “No Synthetic Colors or Flavors.”
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.
However, the complaint alleges that the claim that there are “No Synthetic Colors or Flavors” in the powder is false. Page 6 of the complaint shows the ingredient panel. After the list of active ingredients is a list of “Other Ingredients,” the first of which is “Malic Acid.”
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 [Mutant] 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 Mutant 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 Mutant for indicating, with both words and images of blue raspberries, that the flavor is provided only by fruit or natural flavors. Quoting 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 the product to show both front- and back-label disclosures of artificial flavoring, the complaint alleges.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Mutant GEAAR Blue Raspberry Powder Synthetic Flavoring California Complaint
February 6, 2023
Fit Foods Distribution, Inc., a Canadian company that does business as Mutant, offers GEAAR essential amino acid powder in a blue raspberry flavor, which is labeled as containing “No Synthetic Flavors.” However, the complaint for this class action alleges that the supplement powder does in fact contain the synthetic flavoring DL malic acid, which it says is derived from petrochemicals.
Mutant GEAAR Blue Raspberry Powder Synthetic Flavoring California ComplaintCase Event History
Mutant GEAAR Blue Raspberry Powder Synthetic Flavoring California Complaint
February 6, 2023
Fit Foods Distribution, Inc., a Canadian company that does business as Mutant, offers GEAAR essential amino acid powder in a blue raspberry flavor, which is labeled as containing “No Synthetic Flavors.” However, the complaint for this class action alleges that the supplement powder does in fact contain the synthetic flavoring DL malic acid, which it says is derived from petrochemicals.
Mutant GEAAR Blue Raspberry Powder Synthetic Flavoring California Complaint