Emergen-C Daily Immune Support Falsely Advertised as Made With ‘Natural Fruit Flavors,’ Class Action Says

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A proposed class action claims Emergen-C Daily Immune Support is falsely advertised as naturally flavored given that the powdered dietary supplement contains a synthetic flavoring chemical.

According to the 23-page lawsuit, defendant Alacer Corporation has deceived consumers seeking minimally processed food products by labeling its drink mix powders as containing “Natural Flavors” and “Natural Fruit Flavors,” even though the products are flavored with an artificial ingredient called DL malic acid. The dietary supplements, which come in eight different flavors, also display depictions of fruits on their front labels to reinforce the false natural flavoring claim, the complaint adds.

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The case argues that DL malic acid, listed as “malic acid” on the product’s ingredients list, is an artificial flavor under federal food labeling regulations and state law. Although malic acid can occur naturally, testing conducted by an independent laboratory has found that Alacer Corporation uses the synthetic, less expensive version of the ingredient, the filing contends.

“This type of malic acid is manufactured in petrochemical plants from benzene or butane—components of gasoline and lighter fluid, respectively—through a series of chemical reactions, some of which involve highly toxic chemical precursors and byproducts,” the suit states.

Per the suit, DL malic is used to give each flavor of the drink mix powder its characterizing sweet and tart fruit taste. As a result, Alacer Corporation has failed to comply with federal regulations that stipulate that food labels must accurately describe the source of a product’s characterizing flavors in “boldface print on the front display panel,” the complaint reads.

Federal and state law also require that a food product’s front and back labels disclose the presence of artificial flavors, which Alacer Corporation has failed to do, the filing claims.

The case contends that consumers would not have bought Emergen-C Daily Immune Support, or would have paid less for it, had they known that the product was misbranded as “natural,” especially since surveys show that an overwhelming majority of buyers seek out all-natural foods that lack artificial ingredients or preservatives.

The lawsuit seeks to represent anyone who purchased Emergen-C Daily Immune Support, in any flavor, within the past four years.

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