Label of Market Pantry Water Enhancer Fails to Disclose Artificial Flavor, Class Action Alleges

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A proposed class action claims the label of Target’s Market Pantry-brand Fruit Punch Liquid Water Enhancer is misleading in that the product, whose taste purportedly comes from “Natural Flavor With Other Natural Flavors,” contains artificial flavoring.

The 15-page case argues that although federal regulations require a food’s front label to disclose the source of its flavor, the packaging of the Market Pantry Fruit Punch water enhancer concentrate nevertheless fails to disclose that the product contains an artificial form of malic acid, a flavoring agent. The lawsuit claims Target’s packaging of the private label product is false and misleading, and has caused consumers to buy more of, or pay more for, the Fruit Punch beverage enhancer than they otherwise would have.

“By omitting any reference to artificial flavor on the front and ingredient list, coupled with the statement of ‘Natural Flavor With Other Natural Flavors,’ consumers like Plaintiff expected only natural flavors,” the complaint states. “Consumers are unable to learn the malic acid listed in the ingredients is the artificial version without a chemistry kit.”

The case explains that many consumers prefer foods that contain natural, as opposed to artificial, flavors for health and environmental reasons. Per the lawsuit, when a product’s taste is derived from artificial flavors, i.e., from a flavoring substance not derived from a natural source, federal regulations require the food’s front label disclose the presence of artificial flavors.

The lawsuit says that the label of the Market Pantry Fruit Punch water enhancer lists malic acid as the second most predominant ingredient. Though malic acid, which lends to foods a “tart, sweet, and fruity taste,” can be derived from natural sources, laboratory analysis has revealed that the kind used in the Market Pantry water enhancer is dl-malic acid, a synthetic form of the flavor manufactured from petroleum, the complaint claims. According to the case, Target has used the synthetic form of malic acid because it is cheaper and “more accurately resembled the natural fruit flavor in fruit punch.”

The suit contends that Target was required to disclose that the water enhancer contains artificial malic acid, rather than state only the generic name of the substance, in the product’s ingredients list.

The lawsuit looks to represent anyone in Illinois, Michigan, Texas, Arkansas, Delaware, Wyoming, Virginia and Oklahoma who purchased the Market Pantry Fruit Punch Liquid Water Enhancer within the relevant statute of limitations.

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