OAKLAND, Calif. (Legal Newsline) – Two California consumers allege that a beverage maker failed to identify a synthetic ingredient on its front labels in violation of state and federal laws.
Renee Young and Joycette Goodwin filed a complaint on behalf of all others similarly situated on Sept. 26 in the U.S. District Court for the Northern District of California against Neurobrands LLC alleging fraud by omission, negligent misrepresentation and other counts.
According to the complaint, the plaintiffs allege that the defendant's neuroSONIC Energy Refreshed superfruit infusion, neuroBLISS white raspberry, and the neuroPROTEIN watermelon mint products have false and misleading labeling. The plaintiffs allege "the products are labeled as if they are flavored only with natural ingredients when they in fact contain an undisclosed artificial flavor, malic acid, in violation of state and federal law," the suit states.
The plaintiffs hold Neurobrands LLC responsible because the defendant's products allegedly contained the undisclosed artificial flavors d-malic acid or d-1 malic acid and were improperly labeled.
The plaintiffs request a trial by jury and seek disgorgement, restitution, punitive damages, pre- and post-judgment interest, attorneys' fees and costs. They are represented by Ronald A. Marron and Michael T. Houchin of Law Offices of Ronald A. Marron in San Diego and by Scott J. Ferrell of Pacific Trial Attorneys of Newport Beach, California.
U.S. District Court for the Northern District of California case number 4:18-cv-05907-JSW