Infinity Pre Workout Powder Falsely Advertised as Naturally Flavored, Lawsuit Alleges

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A proposed class action lawsuit claims RARI Nutrition LLC has falsely advertised its Infinity Pre Workout Powders as naturally flavored since the products contain an artificial flavoring agent.

The 22-page lawsuit says that because the front label of the Infinity Pre Workout powders state that they contain “Natural Flavor” and depict an image of the fruit that purportedly provides the characterizing flavor, consumers reasonably expect that the powders are exclusively flavored with natural ingredients.

According to the case, the defendant’s website supports this perception by stating that the company’s products are “All Natural Always” and contain “[a]bsolutely no harmful or artificial ingredients, dyes, or flavorings.”

In truth, the suit says, the Infinity Pre Workout powders, which come in blue raspberry, strawberry lemonade, candy watermelon and sour gummy worm flavors, contain malic acid, an artificial flavoring agent that reinforces the sweet and tart flavor of the fruits depicted on the products’ front labels.

The lawsuit relays that although there is a natural form of malic acid, it is almost never used in mass-produced foods given it is “extremely expensive” to formulate in large amounts. Per the case, the malic acid used in the Infinity Pre Workout powders is the artificial version, DL malic acid, which is derived from components of gasoline and lighter fluid.

“Defendant uses the petrochemical-derived DL malic acid in its Products to create this sweet and tart flavor but pretends otherwise, conflating natural and artificial flavorings, misbranding the Products, and deceiving consumers,” the complaint summarizes.

According to the lawsuit, food labeling regulations stipulate that when an artificial substance is used to “simulate[], resemble[] or reinforce[]” a food’s characterizing flavor, i.e., the recognizable primary flavor identified on the product’s front label, the front label must also disclose that the food is artificially flavored.

The case says the Infinity Pre Workout powders “have none of the required disclosures regarding the use of artificial flavors” and are therefore falsely advertised.

The lawsuit claims consumers bought more of and paid more for the Infinity Pre Workout powders than they otherwise would have had they known the products were artificially flavored.

The case looks to represent anyone in the U.S. who purchased the Infinity Pre Workout Powder within the past four years.

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