CHICAGO (Legal Newsline) – One of the latest vanilla lawsuits targets Carnation Breakfast Essentials.
Attorney Spencer Sheehan, who has filed more than 100 similar lawsuits but has not found favor with many judges, sued Nestle Healthcare Nutrition Feb. 19 in Chicago federal court.
The lawsuit alleges Carnation drink mixes use vanilla flavor instead of actual vanilla, so they shouldn’t be called “vanilla” without some sort of disclaimer beyond what is in the ingredients list.
“Defendant knows consumers seek out products containing natural flavors and avoid artificial flavors, which is why it labels the product this way,” the lawsuit says.
“At least seven out of ten consumers avoid artificial flavors because they believe the synthetic ingredients are associated with detrimental health effects.”
The lawsuit is a proposed class action and seeks monetary damages, attorneys fees and injunctive relief.