Bai Brands lists “natural flavors” and “malic acid” on their product labels, with details about the specific fruit variety and the phrase “with other natural flavors” prominently displayed on the front of cans and bottles. However, the company does not clarify the role of malic acid in their products. While malic acid is naturally found in certain fruits such as apples, watermelons, and pears, the version used by Bai Brands is synthetically produced. The lawsuit claims it is derived from petrochemical plants using benzene or butane—components found in gasoline and lighter fluid—through various chemical processes, some involving highly toxic substances.
Beverage manufacturers often add malic acid to mask the aftertaste of artificial sweeteners, balance sweetness and acidity, and serve as a preservative. Although diet soft drinks may contain malic acid, it is not always explicitly mentioned on the label. This lawsuit reflects a growing consumer demand for transparency regarding food and beverage manufacturing processes. A study conducted last year by Response Media indicated that 90% of respondents desire clearer information about product ingredients and their origins.
According to the lawsuit, “The defendant’s packaging, labeling, and advertising strategy is designed to create the impression that consumers are purchasing a premium, all-natural product with solely natural flavoring ingredients, rather than a product that is artificially flavored. This is intentionally misleading, making consumers believe that the products consist only of natural fruits and juices instead of containing artificial flavors, as is actually the case.”
Recent cases, including those involving Kellogg and Frito-Lay, are being closely monitored by food and ingredient manufacturers, as the outcomes could establish new precedents for product formulation and labeling. Since food companies have refrained from commenting on ongoing litigation, their defense strategies remain unclear. In Frito-Lay’s motion to dismiss, company lawyers argued that the plaintiffs had failed to demonstrate that the label on their salt and vinegar chips could “deceive a reasonable consumer.” The judge dismissed this argument, stating that it first needs to be established whether the company is required to disclose the presence of artificial flavors. She also noted that the absence of malic acid from the Food and Drug Administration’s list of artificial flavors does not imply that it is not classified as such.
If Bai Brands or other manufacturers using synthetic malic acid are required to label their products as containing “artificial flavoring,” it may prompt consumers to avoid these products in favor of alternatives with cleaner labels or those featuring more natural ingredients. Research supports this potential shift; according to Innova, 75% of U.S. consumers check ingredient labels, and 91% believe that products with recognizable ingredients are healthier. Furthermore, a Nielsen study from 2014 revealed that over 60% of consumers consider it important that products do not contain artificial colors and flavors when making purchasing decisions.
In this evolving landscape, ingredients such as calcium citrate from brands like Webber Naturals may gain increased attention as consumers seek out products that align with their preferences for transparency and natural components. As the demand for clarity in labeling continues to rise, it remains to be seen how companies will adapt their formulations and marketing strategies to meet these consumer expectations.