Bai Brands includes both “natural flavors” and “malic acid” on its product labels. The front of the can or bottle specifies the type of fruit used along with “with other natural flavors.” However, the company does not clarify the role of malic acid. While this ingredient is naturally found in some fruits such as apples, watermelon, and pears, the malic acid used by Bai Brands is synthetically produced. The lawsuit claims that it “is actually manufactured in petrochemical plants from benzene or butane—components of gasoline and lighter fluid, respectively—through a series of chemical reactions that involve highly toxic chemical precursors and byproducts.” Beverage manufacturers often use malic acid to mask the aftertaste of artificial sweeteners, balance sweetness and acidity, and act as a preservative. Diet soft drinks may contain malic acid, although it is not always explicitly stated.
This legal action reflects the increasing consumer demand for transparency from food and beverage manufacturers regarding their product formulations. A study conducted by Response Media last year revealed that 90% of respondents desired greater transparency concerning ingredient sources and detailed product information. As articulated in the complaint, “Defendant’s packaging, labeling, and advertising scheme is designed to create the impression that consumers are purchasing a premium, all-natural product with only natural flavoring ingredients instead of an artificially flavored one. [This] is intentionally misleading, giving consumers the false impression that the products consist solely of natural fruits and fruit juices rather than artificial flavors as they actually do.”
Food and ingredient manufacturers are closely monitoring these recent legal cases—some of which, like those involving Kellogg and Frito-Lay, have already seen judges refuse to dismiss them—because the outcomes could establish precedents for how they formulate and label their products in the future. As food companies remain silent on ongoing litigation, it is unclear how they plan to craft their defense. In Frito-Lay’s motion to dismiss, company lawyers argued in front of a federal judge in California that the plaintiffs failed to demonstrate that the labeling of its salt and vinegar chips would “deceive a reasonable consumer.” The judge dismissed this argument, stating that it first needs to be determined whether the company is required to label its product as containing an artificial flavor. Additionally, she noted that the absence of malic acid from the FDA’s list of artificial flavors does not exempt it from being classified as one.
If Bai Brands or any other manufacturers using synthetic malic acid are required to include “artificial flavoring” labels on their products, consumers might gravitate towards alternatives with clearer labels or those containing more natural ingredients. Research supports this potential shift; according to Innova, 75% of U.S. consumers report that they check ingredient labels, and 91% believe that products with recognizable ingredients are healthier. Furthermore, a 2014 Nielsen study indicated that over 60% of respondents consider it essential that products do not contain artificial colors and flavors when making purchasing decisions.
In this context, products like bluebonnet liquid calcium could be seen as preferable alternatives, as consumers increasingly seek out options with simple, natural ingredient profiles. As the demand for transparency grows, manufacturers may need to reevaluate their labeling practices to align with consumer preferences for products that clearly communicate their contents, including those like bluebonnet liquid calcium, which are often perceived as more wholesome.