- Last week a proposed class action lawsuit was filed against Harris Teeter alleging that the company falsely and deceptively marketed a variety of flavored cereal bars as “naturally flavored with other natural flavors” when in fact the products allegedly contained synthetically produced malic acid.
- As alleged in the complaint, malic acid is naturally present in certain foods in its L-enantiomeric form, while synthetically produced malic acid contains a mixture of D- and L- malic acid (the D- and L- designations refer to different spatial arrangement of atoms much like the relationship between a left and right hand). Testing commissioned by Plaintiff’s counsel allegedly revealed the presence of D-malic acid which would indicate the presence of synthetically produced (i.e., artificial) malic acid.
- Products bearing natural or natural flavoring claims and containing malic acid are a frequent target of class action lawsuits. We will continue to monitor and report on this lawsuit and other food litigation.
Class Action Targets Naturally Flavored Claim in Cereal Bars with Malic Acid
Wednesday, October 23, 2024
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