SAN DIEGO (Legal Newsline) – A California consumer alleges a New Jersey beverage maker does not disclose its products are artificially flavored.
Kevin Branca, on behalf of himself and all others similarly situated, filed a complaint on April 19 in the U.S. District Court for the Southern District of California against Bai Brands LLC citing the California Consumer Legal Remedies Act and other counts.
According to the complaint, the plaintiff alleges that he purchased defendants' fruit-flavored beverage products because they were advertised as an all-natural product with only natural flavoring ingredients. However, the plaintiff claims he and the class of consumers were deceived by the advertisement as the products contain a synthetic chemical-flavoring compound identified as malic acid.
The plaintiff holds Bai Brands LLC responsible because the defendant allegedly failed to disclose the presence of the artificial flavoring ingredient malic acid in the products on the products' front label as required by California law.
The plaintiff requests a trial by jury and seeks award of punitive damages, pre- and post-judgment interest, attorney fees, costs, and such other and further relief as this court may deem just, equitable or proper. He is represented by Ronald A. Marron and Michael T. Houchin of Law Offices of Ronald A. Marron in San Diego.
U.S. District Court for the Southern District of California case number 3:18-cv-00757-BEN-KSC