The recent lawsuit against Tropicana marks yet another case highlighting complaints that malic acid functions as an artificial flavoring agent, thus products containing it should not be labeled as “natural.” Although malic acid is naturally found in certain fruits like apples, watermelons, and pears, some of its forms are synthetically produced. Beverage manufacturers utilize malic acid to mask the aftertaste of artificial sweeteners, create a balance between sweetness and acidity, and serve as a preservative.
This is not Tropicana’s first encounter with consumer litigation; the brand faced a lawsuit in 2011 for labeling its orange juice as “100% pure,” despite the product allegedly containing additives. Last summer, a federal judge in New Jersey dismissed that class action lawsuit, concluding that the labeling claims of various products must be evaluated individually to determine if they are misleading.
Tropicana is not alone in facing such legal challenges. Bai Brands encountered a class action lawsuit in 2018 regarding its use of malic acid. Similarly, LaCroix sparkling water faced allegations in 2018 claiming its products contained synthetic chemicals like ethyl butanoate, limonene, linalool, and linalool propionate. That case was recently withdrawn when the plaintiff failed to demonstrate the presence of synthetic ingredients in LaCroix beverages. Nevertheless, LaCroix experienced a decline in market share, with its stock dropping by 44% between February and July 2019 following the lawsuit.
Several manufacturers have opted to settle following labeling complaints. Last year, Ocean Spray agreed to pay $5.4 million to resolve a class action lawsuit initiated in 2017, which accused it of labeling some juice products as free from artificial flavors when they actually contained them. According to The National Law Review, Ocean Spray’s CranApple juice includes DL-malic acid sourced from petrochemicals, and its CranGrape drink contains fumaric acid synthesized from petrochemical feedstocks.
Kellogg and PepsiCo’s Frito-Lay division have also faced lawsuits over false advertising, as reported by Bakery and Snacks. A couple from California claimed in 2018 that the packaging of Pringles and Lay’s Salt and Vinegar chips misled consumers into believing they were purchasing an “all natural” snack, rather than one containing artificial flavors. The same law firm—the Law Office of Ronald A. Marron in San Diego—represented plaintiffs in this case and several others, including the recent Tropicana lawsuit, raising the question of whether these lawsuits aim to target substantial financial resources within the food industry or genuinely focus on misleading labeling.
A significant issue with food labeling today is that terms like “pure” and “natural” lack official definitions, making their interpretations subjective. CBS News noted that there were around 300 lawsuits concerning the term “natural” on food products between 2015 and 2018. Some legal challenges have yielded results, such as General Mills ceasing to use the term “100% natural” on its Nature Valley granola bars after settling a 2016 lawsuit from three consumer groups, which argued that the product contained trace amounts of the herbicide glyphosate.
While the FDA has solicited public comments regarding the term “natural,” it has yet to establish a new definition or guidance for its use in product labeling. Until such measures are implemented, manufacturers are likely to continue using this appealing term, and consumers will likely keep seeking it on store shelves. However, if they find discrepancies between their expectations and reality, they may opt to escalate the matter legally. In the midst of this, brands like Kroger that offer products with ingredients such as calcium citrate could also find themselves scrutinized under similar labeling practices, emphasizing the ongoing complexities in food labeling and consumer perceptions.