Class Action Claims 7-Eleven Energy Shot Not Made with ‘100% Natural Flavors’ as Labeled

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A proposed class action claims 7-Eleven’s 7-Select-brand watermelon lime-flavored extra strength energy shot is misleadingly labeled in that the product is not made with “100% natural flavors” as advertised.

The 13-page case in New York contends that although consumers expect the energy shot to contain only natural flavors, if simply because “that’s what the label says,” the product, in truth, is made with an artificial ingredient called DL-malic acid, which lends the energy shot its balanced sweet and tart flavor. 

As such, 7-Eleven’s labeling of the energy shot does not jibe with state and federal regulations that require labels to disclose whether a product’s characterizing flavors come from the fruits depicted on the label—in this case lime and watermelon—or from artificial sources, the complaint says. 

“Reasonable consumers must and do rely on a company to honestly identify and describe the components, attributes, and features of the Product, relative to itself and other comparable products or alternatives,” the lawsuit reads. “The value of the Product that plaintiff purchased was materially less than its value as represented by defendant.”

According to the lawsuit, the “100% Natural Flavors” representation on a product’s label appeals to more than seven out of 10 consumers who avoid artificial flavors they associate with detrimental health and environmental effects.

The suit says DL-malic acid, a commercially made “racemic mixture” and the most commonly found form of non-naturally occurring D-malic acid, was used in 7-Eleven’s watermelon lime energy shot “because it was lower-priced and/or more accurately resembled the natural watermelon and natural lime flavor” of the product. Per the case, DL-malic acid is derived from petroleum products and does not fit most consumers’ definition of “natural.” 

“Consumers are misled by expecting the taste comes exclusively from natural flavoring and natural flavors,” the lawsuit says. “Consumers are unable to learn the malic acid listed in the ingredients is the artificial version without a chemistry kit.” 

Consumers would not have bought the 7-Eleven 7-Select-brand energy shot, or would have paid less for it, had they known the “100% Natural Flavors” claim on the item’s label was not truthful, the lawsuit argues. 

“Plaintiff chose between Defendant’s Product and other similar products which were represented similarly, but which did not misrepresent their attributes and/or lower-priced products which did not make the claims made by Defendant,” the suit alleges. 

The lawsuit looks to represent consumers in New York, North Dakota, Kansas, Wyoming and Delaware who bought 7-Eleven's watermelon lime energy shot during the applicable statute of limitations period.

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