SAN DIEGO (Legal Newsline) – A California consumer alleges a brand of fruit-flavored beverages fails to disclose artificial flavoring on product labels.
Ariel Anderson, individually and on behalf of all others similarly situated, filed a complaint on Nov. 6 in the U.S. District Court for the Southern District of California against Outernational Brands Inc. over alleged violation of California's Consumers Legal Remedies Act.
According to the complaint, the defendant manufactures and sells natural fruit-flavored beverages under the Vivaloe name and that the front labels display the words "all natural." The plaintiff alleges the Vivaloe labels are false and misleading because they fail to disclose artificial flavor malic acid.
The plaintiff holds Outernational Brands Inc. responsible because the defendant allegedly actively concealed the truth about the products by not disclosing the existence of artificial flavoring ingredients on the front label of the products as is required by California and federal 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 the court may deem just, equitable or proper. The plaintiff is represented by Ronald A. Marron and Michael T. Houchin of Law Offices of Ronald A. Marron in San Diego, California.
U.S. District Court for the Southern District of California case number 3:18-cv-02550-JLS-WVG