Class Action Challenges ‘Real’ Fruit, Preservative-Free Claims for True Citrus Water Enhancers
O’Grady v. Grand Brands Inc.
Filed: September 14, 2023 ◆§ 7:23-cv-08151
A class action claims the maker of True Citrus powdered drink mixes has misled consumers by marketing the water enhancers as made from real fruit and free of preservatives and artificial ingredients.
A proposed class action claims the maker of True Citrus powdered drink mixes has misled consumers by marketing the water enhancers as made from real fruit and free of preservatives and artificial ingredients.
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The 22-page lawsuit says that despite the front-label claims that the powders are “Made from Real” lemons, limes, oranges or grapefruits and contain “No Artificial Sweeteners, Flavors or Preservatives,” the True Citrus varieties of wedge replacements, lemonade, limeade and True Lemon Kids drink mixes contain the artificial preservative citric acid.
Though there is a naturally occurring form of citric acid, the company behind True Citrus—Grand Brands, Inc.—discloses in an “obscure” FAQ section of its website that the citric acid used in the products at issue is synthetic and merely “mimics the citric acid found in citrus fruits,” the suit says.
The case argues that reasonable consumers who view the drink mixes’ representations would be misled to believe that the primary source of each flavor is exclusively, or least primarily, the “real” fruit ingredient featured on the packaging, rather than an artificial additive used to impart tartness in the product.
The company’s use of synthetic citric acid doesn’t just “break[] its promises to consumers,” it also violates the Food and Drug Administration’s (FDA) labeling regulations, the complaint alleges.
According to the filing, the FDA clearly identifies citric acid as a preservative—that is, a chemical added to foods and beverages to delay deterioration. Per the lawsuit, the additive acts as an acidulant, lowering the pH of the product and thereby preventing microbial growth, even when used in small amounts.
The plaintiff, a New York resident, claims she has purchased the water enhancers—namely, True Lemon wedge replacements—on several occasions and believed, based on the front-label representations, that they were “Made from Real Lemons” and contained no artificial flavors or preservatives.
As the case tells it, the woman would not have paid as much for the products, or bought them at all, had she known they, in fact, contained the synthetic additive citric acid.
The lawsuit looks to represent anyone in the United States who purchased any of the True Citrus products listed on this page for personal use and not for resale.
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