Tag: malic
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Tropicana Targeted in Malic Acid Lawsuit
A consumer has filed a putative class action alleging that Tropicana Manufacturing Co. misrepresents its orange juice as “natural” because it contains a variation of malic acid that can be used as an artificial flavoring ingredient. Johnson v. Tropicana Mfg. Co. Inc., No. 19-1164 (S.D. Cal., filed June 20, 2019). The complaint, echoing similar actions…
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Court Dismisses Part of Malic Acid Lawsuit
A California federal court has dismissed part of a putative class action alleging Bai Brands misleads consumers as to its ingredients because it does not label “malic acid” as “d-l malic acid.” Branca v. Bai Brands, No. 18-0757 (S.D. Cal., entered March 7, 2019). The court first refused to dismiss the plaintiff’s allegation that Bai…
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Ferrara Settles SweeTart Malic Acid Litigation
A California federal court has preliminarily approved a settlement agreement between a consumer and Ferrara Candy Co. alleging the company misleadingly advertised its SweeTarts as free of artificial flavors despite containing malic acid. Littlejohn v. Ferrara Candy Co., No. 18-0658 (S.D. Cal., entered February 28, 2019). Under the agreement, Ferrara will remove the phrase “no…
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Shook Attorneys Detail Class Certification Decision in Ocean Spray Case
Shook Partner Frank Cruz-Alvarez and Associate Rachel Forman have authored an article for WLF Legal Pulse examining a California federal court’s decision to certify a class of consumers alleging they were misled by Ocean Spray Cranberries Inc.’s marketing claim that its products contain no artificial flavoring despite containing malic and fumaric acids. The decision has…
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Ocean Spray Malic Acid Class Partially Certified
A California federal court has partially certified a class of consumers that alleges Ocean Spray Cranberries Inc. misled them into believing that their products were free of artificial flavoring but contained malic acid. Hilsley v. Ocean Spray Cranberries Inc., No. 17-2335 (S.D. Cal., entered November 29, 2018). The court first found that the proposed class…
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Malic Acid Putative Class Actions Filed Against Utz, Talking Rain
Plaintiffs represented by the same plaintiff’s firm have filed lawsuits alleging that companies mislead consumers by labeling their foods as flavored naturally despite containing malic acid. Lepiane v. Utz Quality Foods LLC, No. 18-2659 (S.D. Cal., filed November 20, 2018); Augustine v. Talking Rain Beverage Co., No. 18-2576 (S.D. Cal., filed November 9, 2018). The…
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Plaintiff Challenges Malic Acid in Vivaloe Beverages
A consumer has filed a putative class action alleging that Vivaloe beverages are misleadingly marketed as naturally flavored because they contain malic acid. Anderson v. Outernational Brands Inc., No. 18-2550 (S.D. Cal., filed November 6, 2018). The complaint asserts that malic acid is “an inexpensive synthetic chemical used in processed food products to make the…
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Use of Malic Acid is Factual Issue, Court Holds
A California federal court has refused to dismiss a putative class action alleging Ocean Spray Cranberries Inc. misled consumers by marketing its products as free from artificial flavors despite containing malic acid. Hilsley v. Ocean Spray Cranberries Inc., No. 17-2335 (S.D. Cal., entered October 30, 2018). Ocean Spray moved to dismiss the allegations, arguing that…