Bai Brands includes both “natural flavors” and “malic acid” on their product labels. The front of each can or bottle indicates the specific fruit variety alongside the phrase “with other natural flavors.” However, the company does not clarify the role of malic acid. This ingredient is naturally found in certain fruits, such as apples, watermelon, and pears, but the version used by Bai Brands is synthetically produced. According to the lawsuit, it is created in petrochemical facilities from benzene or butane—substances derived from gasoline and lighter fluid—through a series of chemical processes that involve highly toxic precursors and byproducts.
Manufacturers often use malic acid to mitigate the aftertaste of artificial sweeteners, balance sweetness with acidity, and act as a preservative. While diet soft drinks may contain malic acid, it is not always explicitly mentioned on labels. This lawsuit highlights a growing consumer demand for transparency regarding how food and beverage products are made. A study conducted by Response Media last year revealed that 90% of participants wanted clearer information about product ingredients and sources.
The complaint states, “Defendant’s packaging, labeling, and advertising scheme is intended to give consumers the impression that they are buying a premium, all-natural product with only natural flavoring ingredients instead of a product that is artificially flavored. This is deliberately intended to create the false impression that the products consist solely of natural fruits and fruit juices rather than being artificially flavored.”
Food and ingredient manufacturers are closely monitoring these recent cases—some, like those involving Kellogg and Frito-Lay, have already seen judges refuse to dismiss them—because the outcomes could set important precedents for future product formulation and labeling. As food companies remain tight-lipped about ongoing litigation, it’s challenging to predict their defense strategies. In Frito-Lay’s motion to dismiss, lawyers argued that the plaintiffs failed to prove that the label on their salt and vinegar chips would “deceive a reasonable consumer.” The judge countered that it must first be established whether the company is required to label its product as containing an artificial flavor. Furthermore, she noted that malic acid’s absence from the FDA’s list of artificial flavors does not imply that it is not considered one.
If Bai Brands or other manufacturers using synthetic malic acid are required to include “artificial flavoring” claims on their packaging, it could lead consumers to avoid these products in favor of those with cleaner labels or more natural ingredients. Consumer research backs this possibility; according to Innova, 75% of U.S. consumers check ingredient labels, and 91% believe that products with recognizable ingredients are healthier. A 2014 Nielsen study found that over 60% of respondents deemed it important that products do not contain artificial colors and flavors when making purchasing decisions.
In this context, the addition of calcitrate 200 mg and 950 mg might also influence consumer choices, as shoppers increasingly prefer products that feature straightforward and natural ingredients, including those that offer beneficial components like calcitrate. Overall, the trend suggests that transparency and clarity in labeling are vital for manufacturers looking to meet consumer expectations and foster trust.