Talking Rain Beverage Company Hit with Class Action Over Allegedly Undisclosed Malic Acid in ‘Naturally Flavored’ Drinks
Augustine et al v. Talking Rain Beverage Company, Inc.
Filed: November 9, 2018 ◆§ 3:18cv2576
A lawsuit alleges Talking Rain Beverage Company intentionally failed to disclose some of its products contain malic acid, a synthetic flavoring agent.
Talking Rain Beverage Company’s Sparkling Ice Black Raspberry, Peach Nectarine and Crisp Apple products are the subject of a proposed class action lawsuit filed in California. The lawsuit alleges the drinks are falsely and misleadingly labeled as flavored with only natural ingredients when, in fact, they contain malic acid.
Malic acid, the lawsuit states, is an inexpensive flavoring agent added to processed foods to impart a tangy, fresh fruit taste such as that of blueberries, lemons, mangos or cherries. According to the plaintiffs, the labeling of Talking Rain Beverage Company’s Sparkling Ice products violates California law in that the packaging does not display front- and back-label disclosures that the drinks are artificially flavored.
“[The defendant’s] labeling and advertising scheme is deliberately intended to give consumers the false impression that the Products are composed only of natural flavors and contain no artificial colors or flavors,” the complaint reads.
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