Certain Joyburst Energy Drinks Not as Naturally Flavored as Advertised, Class Action Claims

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A proposed class action alleges the maker of Joyburst energy drinks has misled consumers by falsely advertising the products as naturally flavored.

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The 17-page lawsuit claims that although the front labels of the energy drinks—namely, the grape, frosé rose, lime and peach mango flavors—state that the beverages are “Naturally Flavored,” the products are, in fact, artificially flavored using DL malic acid, a highly processed substance made from petrochemicals.

The suit contends that defendant No Sugar Company has misrepresented its energy drinks to capitalize on the increasing desire among consumers for “clean label” products—that is, items that are all-natural, minimally processed or free from artificial additives.

However, DL malic acid is unmistakably unnatural, the case argues, as the substance is not derived from any natural source or considered a “natural flavor” as defined by federal and state labeling regulations.

Under federal law, if a food product’s characterizing flavor is “simulated or reinforced” by an artificial additive, the label must plainly state that the item is “artificially flavored,” the complaint explains.

The filing charges that although DL malic acid is indeed used to enhance the fruit flavors highlighted on the drinks’ labels, No Sugar Company “pretends otherwise, conflating natural and artificial flavorings, misbranding the [p]roducts and deceiving consumers.”

The deceptive marketing has allowed No Sugar Company to charge a premium price for the energy drinks at issue, which consumers would not otherwise have purchased had they known the products were not naturally flavored as advertised, the case alleges.

The lawsuit looks to represent any California residents who purchased any of the Joyburst energy drinks listed on this page within the past four years.

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