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Snapple Diet Peach Tea Powdered Drink Mix Contains Artificial Flavor Class Action

This class action brings suit against Dyla, LLC for its Snapple Diet Peach Tea Powdered Drink Mix. Although the company markets the tea powder as being made with “Naturally Flavored With Other Natural Flavors,” the complaint alleges that it relies on a non-natural ingredient, dl-malic acid, for some of its flavoring.

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 an image of the product showing the statement, “Naturally Flavored with Other Natural Flavors,” an image of a peach wedge on top of two green tea leaves, a rectangle promising, “Made from green & black Tea,” and the words, “Peachy Keen.” The package has a peach color scheme.

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. If a food’s main source of flavor is artificial flavor, the complaint alleges, the front label must disclose that.

Page 3 of the complaint shows an image of the ingredient label for the product. While it does list “Natural Flavor,” directly after that, it lists “Malic Acid.”

According to the complaint, malic acid has two different isomers, or arrangements of atoms. L-malic acid is a natural ingredient found in fruit that provides a tart flavor. D-malic acid is not a natural substance. Because the two types are different, 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 natural L-malic acid, or it could have used more natural peach flavor. “However,” the complaint speculates, the company “used artificial dl-malic acid because it was lower-priced and/or more accurately resembled natural peach flavor.”

The complaint alleges, “The omission of any reference to artificial flavor on the front label and ingredient list, the statement, “Natural Flavor With Other Natural Flavors,” and the picture of a peach slice above a tea leaf[] cause consumers … to expect only natural flavors.”

The presence of the artificial flavor, the complaint claims, means that the value of the product was less than it was represented to be.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Snapple Diet Peach Tea Powdered Drink Mix Contains Artificial Flavor Complaint

January 16, 2022

This class action brings suit against Dyla, LLC for its Snapple Diet Peach Tea Powdered Drink Mix. Although the company markets the tea powder as being made with “Naturally Flavored With Other Natural Flavors,” the complaint alleges that it relies on a non-natural ingredient, dl-malic acid, for some of its flavoring.

Snapple Diet Peach Tea Powdered Drink Mix Contains Artificial Flavor Complaint

Case Event History

Snapple Diet Peach Tea Powdered Drink Mix Contains Artificial Flavor Complaint

January 16, 2022

This class action brings suit against Dyla, LLC for its Snapple Diet Peach Tea Powdered Drink Mix. Although the company markets the tea powder as being made with “Naturally Flavored With Other Natural Flavors,” the complaint alleges that it relies on a non-natural ingredient, dl-malic acid, for some of its flavoring.

Snapple Diet Peach Tea Powdered Drink Mix Contains Artificial Flavor Complaint
Tags: Deceptive Advertising