Emergen-C Lawsuit Says Supplements Are Falsely Advertised With ‘Natural Fruit Flavors’ Claim

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The maker of Emergen-C faces a proposed class action lawsuit that alleges the dietary supplements are misbranded and falsely advertised as containing only natural flavorings. 

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The 22-page Emergen-C lawsuit against manufacturer Haleon says that although the supplements have a “clean label”—meaning promoted as containing “natural fruit flavors”—the drink mix powders, in truth, contain artificial malic acid, known as DL malic acid, which is “manufactured in petrochemical plants from benzene or butane.” 

According to the complaint, the plaintiff’s counsel commissioned testing of the Emergen-C supplements by a reputable independent food testing and analysis lab, which found that the malic acid in the products was, in fact, the artificial version of the ingredient.  

The filing mentions that the natural version of malic acid, derived from natural fruit sources such as apples, is “quite expensive” and generally cost-prohibitive for use on a mass scale in foods and beverages. 

Per the case, the federal Food, Drug, and Cosmetic Act mandates that a food product’s label accurately describe the nature of the food and its characterizing flavors. If a food’s flavoring comes by way of an artificial substance used to reinforce a certain flavor profile, the product’s label must include a disclosure to consumers that the item is “artificially flavored,” the suit specifies. 

“That is, whenever a food manufacturer uses malic acid to simulate or reinforce the characterizing flavor of a food or beverage, it is required under federal regulations to state that the food or beverage is ‘Artificially Flavored’ if the malic acid used to simulate or reinforce the characterizing flavor is DL malic acid,” the complaint summarizes.

Overall, the Emergen-C products at issue lack the required disclosures concerning the use of artificial flavoring, the case shares, adding that consumers relied on the products’ packaging statements when making buying decisions.

“Plaintiffs reasonably relied on these label statements such that they would not have purchased the Products from Defendant if the truth about the Products was known, or would have only been willing to pay a substantially reduced price for the Products had they known that Defendant’s representations regarding flavoring were false and misleading.”

The Emergen-C lawsuit looks to cover all consumers in California who bought Emergen-C dietary supplements—including the Raspberry, Super Orange, Tangerine, Cranberry Pomegranate, Pink Lemonade, Strawberry-Kiwi, and Tropical varieties—within the last four years.

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