Sports Research Raspberry Lemonade Keto+ Dietary Supplement Falsely Advertised as ‘Naturally Flavored,’ Class Action Alleges

New to ClassAction.org? Read our Newswire Disclaimer

Sports Research Corporation faces a proposed class action that alleges its raspberry lemonade-flavored Keto+ dietary supplement is falsely advertised as naturally flavored, given that the product’s taste is derived from an artificial ingredient.

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

The 21-page lawsuit was filed by a California resident who says she purchased the Keto+ dietary supplement at issue in May 2023 after viewing statements on its front label that prominently claim the product is “Naturally Flavored.” However, the case alleges that the plaintiff and other health-conscious consumers would not have paid as much for the dietary supplement, or bought it at all, had they known the product is actually flavored with DL malic acid, a flavoring agent produced from petrochemicals.

Although there exists a naturally occurring form of malic acid, it is “extremely expensive” to formulate in large quantities and is “almost never” used in mass-produced food products, the suit explains. Nevertheless, the ingredient list on the back of the Keto+ dietary supplement deceptively states that the product contains “malic acid,” the filing contends. 

According to the complaint, testing conducted by an independent third-party laboratory confirmed that the raspberry lemonade-flavored dietary supplement is made with artificially derived malic acid.

“This type of malic acid is manufactured in petrochemical plants from benzene or butane—components of gasoline and lighter fluid, respectively—through a series of chemical reactions, some of which involve highly toxic chemical precursors and byproducts,” the case says.

DL malic acid—which federal regulations explicitly state “does not occur naturally”–is used in Sports Research’s dietary supplement to simulate the sweet, tart taste that consumers associate with its supposedly “natural” raspberry lemonade flavor, the lawsuit alleges.

As such, the case claims that the defendant “publicly disseminated untrue or misleading representations regarding the flavoring label claims of its [product], which it knew, or in the exercise of reasonable care should have known, were untrue or misleading.”

The complaint notes that the federal Food, Drug, and Cosmetic Act requires that a food’s label accurately describe the nature of its “characterizing flavors.” Under these regulations, any food that uses an artificial flavor to simulate, resemble or reinforce its characterizing flavor must come with a front label that prominently informs consumers that the product is “artificially flavored,” the suit relays.

The labeling on the raspberry lemonade-flavored Keto+ dietary supplement fails to include any of these required disclosures, the filing claims.

The lawsuit looks to represent anyone in the United States who purchased Sports Research’s raspberry lemonade-flavored Keto+ dietary supplement within the past four years.

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