Evlution BCAA Energy Powders Are Not ‘Naturally Flavored’ as Advertised, Class Action Says

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A proposed class action alleges Evlution Nutrition’s BCAA Energy powders are falsely advertised and labeled as “naturally flavored” supplements.

The 22-page complaint out of California contends that contrary to Evlution’s marketing, the pre-workout and dietary supplement powders, in acai berry and lemon-lime flavors, contain synthetic flavoring agents. Included in each powder for flavoring purposes is a synthetic version of malic acid that’s manufactured “in petrochemical plants” from benzene or butane, the lawsuit says.

The suit claims that Evlution misleadingly labels its energy powders “[t]o appeal to consumers who seek out natural food products and are willing to pay more for them.” 

According to the filing, the malic acid in the Evlution powders, called DL malic acid, serves to “create, enhance, simulate, and/or reinforce” a sweet and tart taste that consumers associate with the products’ characterizing acai berry and lemon-lime flavors, in particular by changing the ratio between acids and sugars. 

The filing argues that the ingredients in the BCAA Energy powders are declared on product labels in a way that is “misleading and contrary to law” in that Evlution designates the synthetic flavoring agent by its generic name, malic acid, and not by its specific name, DL malic acid. 

“Even if the malic acid used in the Products is not DL malic acid but is instead ‘L malic acid,’ it is still not a ‘natural’ flavoring,” the case contests. 

Per the complaint, almost all of the L malic acid used in mass-produced food products uses a substrate derived from petroleum products. It’s for this reason, the lawsuit says, that organic food producers, for instance, have sought to have L malic acid struck from the list of additives that can be used in foods labeled “organic” or “natural.” 

California food labeling regulations require product labels to accurately describe the nature of a food product and its characterizing flavors, the case stresses. According to the suit, if a product’s characterizing flavor is not created exclusively by the named flavor ingredient, the item’s front label must disclose that the flavor was simulated or reinforced with either natural or artificial flavorings, or both. 

“Because the Products contain artificial flavoring, California law requires the products to display both front- and back-label disclosures to inform consumers that the Products are artificially flavored,” the case reads. 

The lawsuit looks to cover all persons in California who bought Evlution’s ECAA Energy powders, in either acai berry or lemon-lime flavors, within the last four years. 

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