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Truli “Vanilla” Almondmilk Vanilla Content Class Action

When is “Vanilla” not vanilla? The complaint for this class action brings suit against Moran Foods, LLC, which operates the Save-A-Lot grocery stores, for its “deceptive labeling, marketing, and sale” of its Truli Vanilla Almondmilk, alleging that the product is not flavored with any real vanilla.

The class for this action is all individual Massachusetts consumers who bought the Truli Vanilla Almondmilk during the applicable statute of limitations.

The Truli Vanilla Almondmilk’s front label shows the word “Vanilla” in a bold font.

According to the complaint, Moran “has misled … reasonable consumers to believe the Product contains ‘Vanilla’ as the ingredient that provides for the Product’s characterizing vanilla flavor.” However, the complaint claims that this is not true, because “the Product contains ‘natural flavors,’ as the ingredient that provides for the Product’s characterizing vanilla flavor.”

In fact, the complaint claims that Moran’s “deception flows from the fact that the Product does not disclose, on the Product’s front label, that the Product is a vanilla-flavored product that does not contain vanilla as an ingredient.” The complaint alleges that this means that the product’s labeling does not comply with labeling requirements under federal and Massachusetts laws.

The Food, Drug, and Cosmetic Act (FDCA) regulates much about sales of food products to the general public. The complaint alleges, “The FDC deems a food ‘misbranded’ if its labeling is ‘false or misleading in any particular.’” Similarly, the complaint quotes the Massachusetts Food Code as saying, “Food shall be offered for human consumption in a way that does not mislead or misinform the consumer[.]”

In fact, Massachusetts law incorporates by reference the federal laws on food labeling, says the complaint.

Under the law, the ingredient panel must list ingredients “by common or usual name in descending order of predominance.” According to the complaint, the ingredient panel does not list “vanilla extract” or the like; it merely asserts the presence of “natural flavors.” “Therefore, by law,” the complaint says, Moran “must disclose that the Product is flavored on the Product’s front label. [Moran] has failed to make such a disclosure and therefore is not in compliance with the law.”

The complaint asserts that the “natural flavor” listed in the ingredient panel “does not consist of vanilla…. Instead, the scientists … would have isolated proteins from the vanilla bean’s cells and tissue or extracted oils or essences from the vanilla bean.” But this is not sufficient, the complaint claims; “because those isolated compounds may not taste like vanilla, the scientist would have combined those extractions with any other extractions from other plants and animals to create a flavoring substance that tastes like vanilla.”

The sole count in the complaint is unjust enrichment.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Truli “Vanilla” Almondmilk Vanilla Content Complaint

February 9, 2021

When is “Vanilla” not vanilla? The complaint for this class action brings suit against Moran Foods, LLC, which operates the Save-A-Lot grocery stores, for its “deceptive labeling, marketing, and sale” of its Truli Vanilla Almondmilk, alleging that the product is not flavored with any real vanilla.

Truli “Vanilla” Almondmilk Vanilla Content Complaint

Case Event History

Truli “Vanilla” Almondmilk Vanilla Content Complaint

February 9, 2021

When is “Vanilla” not vanilla? The complaint for this class action brings suit against Moran Foods, LLC, which operates the Save-A-Lot grocery stores, for its “deceptive labeling, marketing, and sale” of its Truli Vanilla Almondmilk, alleging that the product is not flavored with any real vanilla.

Truli “Vanilla” Almondmilk Vanilla Content Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels