Trident ‘Original Flavor’ Gum Label Fails to Disclose Artificial Flavoring, Class Action Says

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A proposed class action claims that the front label of Trident-brand "Original Flavor" chewing gum is misleading since it fails to disclose that the product’s taste comes from “natural” and artificial flavoring, not mint or peppermint ingredients.

The 11-page lawsuit argues that the label leads consumers to wrongly assume that the gum's taste comes from mint or peppermint ingredients because the it does not explicitly disclose the product’s flavor beyond the word "original" and a picture of a blue peppermint leaf. However, the ingredient list cites only "Natural and Artificial Flavors," which signifies that "any mint or peppermint, if present, is at trace or de minimis levels as part of the natural flavor ingredient," the case says

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According to the complaint, federal and state labeling regulations stipulate that a product's front label must display the source of its characterizing flavor, meaning defendant Mondelēz Global is required to clearly label its product as "Natural and Artificially Flavored Mint" or "Natural and Artificially Flavored Peppermint" since the gum's added natural and artificial flavor "simulates" its primary mint taste. 

The case contends that Mondelēz has released other misleading representations about its Trident gum, including the use of "Refreshing[ly]" on product labels, which consumers associate with the freshness of mint flavoring, and materials it distributes to third parties that describe the product's flavor as a combination of peppermint and cinnamon.

Mondelēz's alleged misconduct allows it to sell its Trident gum at a higher price, even though natural and artificial flavors are less expensive than real mint and peppermint, the filing argues.

The lawsuit looks to represent anyone in Illinois, South Dakota, South Carolina, Kentucky, Utah, Idaho, Alaska, Virginia, West Virginia or Wyoming who purchased Trident "Original Flavor" chewing gum during the applicable statute of limitations period.

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