L’il Critters Gummies Class Action Lawsuit Challenges ‘No Artificial Flavors’ Claim

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A new class action alleges Church & Dwight Co. falsely advertises L’il Critters gummy supplements as free from artificial flavors given the products contain DL malic acid, a synthetic flavoring ingredient.

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According to the 22-page proposed class action lawsuit, the prominent “No Artificial Flavors” claim on the side of the supplements’ labels is meant to create the impression that the products are naturally flavored. Per the suit, consumers perceive naturally flavored products to be healthier than items whose taste comes from or is enhanced by synthetic additives.

Despite the “No Artificial Flavors” representation, the L’il Critters supplements are, in fact, artificially flavored using DL malic acid, a highly processed substance commonly used to impart a sour, fruity flavor in food and beverage products, the suit contends.

The case adds that although there is a naturally occurring type of malic acid, an independent food laboratory determined in March 2024 that the form used in the products at issue was indeed synthetic DL malic acid.

Per the complaint, the additive is definitively artificial, as it is not derived from any natural source or considered a “natural flavor” according to regulations set by the U.S. Food and Drug Administration.

In addition, the synthetic ingredient functions as a flavoring agent in L’il Critters gummy supplements regardless of whether it was included for another purpose, the filing argues.

The case asserts that consumers would not have paid as much for the supplements, or purchased them at all, had they known the products were artificially flavored.

The lawsuit looks to represent anyone who purchased L’il Critters gummy supplements in California for personal use during the applicable statute of limitations period.

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