Ultima Electrolyte Powder Not as Naturally Flavored as Advertised, Class Action Says

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action lawsuit claims Ultima Health Products, Inc. has misled consumers by falsely marketing its Replenisher electrolyte powders as naturally flavored.

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 says that the raspberry- and watermelon-flavored powders, in truth, contain DL malic acid, an artificial flavoring agent extracted from petrochemicals. The complaint relays that although the front label of each variety of Ultima’s “Replenisher Electrolyte Mix” states that the product contains “Natural Flavors with Other Natural Flavors,” the back label reveals that the dietary supplements are actually flavored with the additive malic acid.

Although there is a naturally occurring type of malic acid, the variation used by Ultima to flavor its products is derived from components of gasoline and lighter fluid “through a series of chemical reactions” in petrochemical facilities, the suit alleges. Per the case, DL malic acid is not a “natural flavor” since it is not derived from a fruit or vegetable or any other natural source.

Under federal law, if a food product’s primary flavor is not produced by the named flavor ingredient but is instead enhanced by a synthetic additive, the item’s front label must clearly state that the product is “artificially flavored,” the filing shares.

Ultima uses DL malic acid to add a sweet, tart flavor to its products but, according to the complaint, “pretends otherwise, conflating natural and artificial flavorings, misbranding the Products and deceiving consumers.”

Per the lawsuit, the ingredients list on each supplement’s back label is also misleading in that it only indicates the presence of “malic acid”—the flavoring agent’s generic name—and does not specify the use of DL malic acid.

The suit claims that consumers are increasingly willing to pay premium prices for food products with “clean labels,” in particular items positioned as unprocessed, all-natural, or free of preservatives or artificial ingredients.

The plaintiff, a San Diego resident who purchased Ultima electrolyte powders in raspberry and watermelon flavors in August 2022, read the representations on the products’ labels and believed that the dietary supplements contained only natural flavorings, the case says.

The complaint argues that neither the plaintiff nor other consumers would have paid as much, or bought the powders at all, had they known they were artificially flavored with DL malic acid.

The lawsuit looks to represent anyone residing in California who purchased any flavor of Ultima Replenisher Electrolyte Mix since April 7, 2019.

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