The legal case known as Hilsley v. Ocean Spray Cranberries, Inc. has evolved into a two-year dispute, and without an agreement, it could have continued indefinitely. The proposed settlement aims to conclude what has been, and likely would remain, a contentious and expensive legal battle surrounding unresolved legal issues. As highlighted by The National Law Review, the lawsuit focuses on whether malic and fumaric acids are classified as artificial flavors in Ocean Spray’s juice products. During hearings, the company contended that these ingredients are utilized to regulate pH and acidity rather than to enhance flavor. Conversely, the plaintiff argued that malic acid can serve as either a flavor or a flavor enhancer, asserting that even small quantities of synthetic malic and fumaric acids would impart flavor to the beverage.
Ocean Spray is not the only beverage company facing such allegations; Bai Brands was sued last year for its use of a synthetic form of malic acid, which the complaint claimed required their products to be labeled as “artificially flavored.” Ronald Marron’s California law firm, which represented the plaintiff in that instance, has also taken legal action against other companies, including Kellogg’s Pringles, PepsiCo’s Frito-Lay, Sunny Delight, and Campbell Soup’s V8 Splash, under similar claims. Although the Bai Brands lawsuit saw a partial dismissal last March, the court maintained that Bai and its parent company, Dr Pepper Snapple Group—now known as Keurig Dr Pepper—must still address the allegations that their product labels, claiming “no artificial flavors” and “naturally flavored,” are misleading.
Malic acid is naturally present in various fruits, such as apples, watermelons, and pears, but the version used by Bai Brands is synthetically produced. Fumaric acid, on the other hand, is commonly incorporated into food and beverage products as an acidulant to adjust pH levels, enhance flavor, and prolong shelf life by controlling microbial growth, as noted by IHS Markit. Given the ongoing litigation regarding these two ingredients, their usage may become restricted, prompting manufacturers to consider more natural alternatives to fulfill these roles. This shift would resonate with the increasing consumer demand for fewer artificial ingredients in their food and beverages, contributing to the success of clean labels. The clean label market is anticipated to reach $47.1 billion by 2022, reflecting a compound annual growth rate increase of 6.6%.
In a related note, similar discussions are taking place around products like Citracal calcium citrate available at Chemist Warehouse, reflecting a broader trend towards natural and transparent ingredient sourcing in the health and wellness sector.