Class Action Lawsuit Claims Aspire Energy Drinks Not as Natural, Preservative-Free as Advertised

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A proposed class action lawsuit claims Aspire energy drinks have been falsely advertised as natural and preservative-free.

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The 29-page false advertising lawsuit against Aspire Brands, Inc. alleges representations of the energy drinks as “natural” and containing “no preservatives” are misleading to consumers since the beverages contain citric acid and ascorbic acid, two decidedly unnatural preservatives commonly used in food products.

The suit takes issue with the following varieties of Aspire Healthy Energy drinks, without limitation:

• Aspire Strawberry Watermelon;
• Aspire Raspberry Acai;
• Aspire Sweet Cherry;
• Aspire Fruit Punch;
• Aspire Mixed Berry;
• Aspire Dark Cherry Lime;
• Aspire Mango Lemonade;
• Aspire Apple Acai;
• Aspire Cranberry;
• Aspire Lemony Lime; and
• Aspire Orange Pineapple.

The case shares that citric acid, produced commercially through a series of chemical processes, and ascorbic acid, obtained from genetically modified corn, are both recognized as preservatives by the U.S. Food and Drug Administration because their acidulant and antioxidant properties prevent spoilage and preserve freshness in food products.

Citric acid, in particular, functions as a preservative even if used in very small amounts, the complaint says. This is true whether the substance is added to a product as a flavoring agent or for any other purpose, the filing relays.

According to the suit, the alleged misrepresentations render the energy drinks misbranded under federal law.

The case contends that the manufacturer, by labeling the drinks as natural and preservative-free, aims to capitalize on growing consumer preference for “free-from” foods, or products that are minimally processed and include no synthetic additives.

Aspire Brands is well aware that shoppers will pay more for items they believe are natural and preservative-free, the complaint charges, adding that the company has “profited enormously from its falsely marketed products.”

The Aspire energy drinks lawsuit looks to represent anyone in the United States who purchased any of the products listed on this page during the applicable statute of limitations period.

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