Perfect Keto BASE Dietary Supplement Is Misbranded, Class Action Says

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action alleges Perfect Keto Group’s strawberry lemon BASE dietary supplement is misbranded and falsely advertised in that the purportedly naturally flavored product contains a common synthetic flavoring agent. 

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

In particular, the 22-page complaint says that although the BASE dietary supplement is touted as “[c]ompletely clean” and free of “junk,” the product nevertheless contains DL malic acid, an artificial flavoring agent derived from petrochemicals. 

Per the suit, DL malic acid is made from benzene or butane in petrochemical plants by way of “a series of chemical reactions, some of which involve highly toxic chemical precursors and byproducts.” The DL malic acid in the product imparts a sweet and tart taste that consumers associate with fruit flavors, and the compound is far cheaper than naturally occurring malic acid, which is almost never found in mass-produced foods, the case says. 

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

As the suit tells it, the ingredients on the BASE workout supplement’s label are declared “in a way that is misleading and contrary to law” in that DL malic acid is referred to only by its generic name, “malic acid.” 

Federal law requires food labels to accurately describe the nature of the product and its characterizing flavors, the case stresses. If a food’s characterizing flavor is not created “exclusively by the named flavor ingredient,” the front label must state that the item’s flavor is “simulated or reinforced with either natural or artificial flavorings or both,” the complaint relays. If any artificial flavor is present and “simulates, resembles or reinforces” the characterizing flavor, it must be prominently disclosed that the product is “artificially flavored,” the lawsuit says. 

“The Products have none of the required disclosures regarding the use of artificial flavors,” the filing reads. 

The lawsuit looks to cover all consumers in the United States who bought Perfect Keto’s BASE strawberry lemon-flavored dietary supplement within the last four years.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.