Class Actions Say Nestlé Coffee Mate Natural Bliss Vanilla Dairy, Almond Milk Creamers Contain Undisclosed Artificial Flavors
Carter v. Nestlé USA, Inc.
Filed: September 13, 2020 ◆§ 7:20-cv-07498
A class action claims Nestlé has misled consumers with regard to how much real vanilla is in the Coffee Mate Natural Bliss Vanilla Dairy Creamer.
Nestlé’s Coffee Mate Natural Bliss vanilla dairy and almond milk creamers are at the center of two proposed class actions that allege representations about the products are misleading given they contain both less vanilla than buyers expect and undisclosed artificial vanilla flavors.
Although representations on the products’ front labels include “vanilla flavor,” “all natural” and a picture of cured vanilla beans beneath a vanilla flower—with the almond milk variety denoting the creamer is “plant-based”—those who have bought Nestlé’s products have been deceived in that they’re unaware the characterizing vanilla flavor is derived primarily from artificial sources, the lawsuits allege.
“Representing the Product as ‘Vanilla Flavor’ without qualifying terms instead of ‘Natural and Artificially Flavored’ or ‘Artificially Flavored’ is deceptive and misleading to consumers,” the similarly worded cases read.
Each lawsuit relays that demand for real vanilla has been “steadily increasing” as consumers gravitate more toward natural foods made with real ingredients. According to the suits, Nestlé knows consumers will pay more for a product whose front label states only “vanilla” and “natural flavor” with no reference to any non-vanilla flavor components.
According to the complaints, Nestlé’s branding and packaging of its vanilla dairy and almond milk creamers “is designed to—and does—deceive, mislead, and defraud” consumers.
One suit couches Nestlé’s labeling practices as “an attempt to indicate the presence of non-vanilla ‘natural flavors’ in addition to ‘vanilla’” for its almond milk creamer. The lawsuit alleges, however, that because these flavors “simulate and spike the vanilla taste,” they are required to be designated as artificial flavors “since their presence allows the Product to use less vanilla than it otherwise would.”
The other case, centered on Nestlé’s vanilla dairy creamer, echoes this claim, alleging the product’s ingredients list intentionally fails to disclose to consumers that the creamer contains artificial flavors, and that those flavors account for most, if not all, of the products’ vanilla flavor.
With regard to both products’ ingredients lists, the lawsuits highlight the designation of “natural flavor” as proof that the products contain a combination of vanilla and non-vanilla flavor, called “vanilla with other natural flavors” (WONF). The cases allege the purpose behind Nestlé’s failure to provide the “vanilla WONF” designation was to hide from consumers that the amount of vanilla in the creamer products is “boosted” by artificial vanilla flavors, including vanillin, maltol and piperonal.
“The Product’s ingredient list is misleading because even assuming the ‘Natural Flavor’ is entirely from natural source material, it fails to tell consumers it contains artificial vanilla flavors, which provide much and/or most of the Product’s vanilla taste,” one lawsuit says.
In all, Nestlé’s creamer products are worth less than what consumers paid for them, the cases argue. According to the lawsuits, consumers would not have bought the vanilla dairy and almond milk creamers if not for Nestlé’s “misrepresentations and omissions.”
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