SAN FRANCISCO (Legal Newsline) - The manufacturer of "Sparkling Ice" flavored water faces a lawsuit that claims it doesn't tell consumers that its flavors come from artificial sources.
Plaintiff Peggy Tatum filed suit June 15 in California federal court through lawyers at Clancy, Prongay & Murray. The suit claims Talking Rain Beverage Company violated Washington and California consumer protection laws, among other counts like negligent misrepresentation.
At least 15 of the Sparkling Ice products contain artificial flavoring, the suit says, despite claims from the company that the drinks' flavors are "sourced from nature." The drinks are sold nationwide at stores like Target, 7-Eleven and Rite Aid.
At issue is the presence of malic acid on the ingredients list.
"Dl-malic acid does not occur in nature," the suit says. "A commercial food-industry analytical chemistry testing lab confirmed that the 'malic acid' in the products if the artificial compound dl-malic acid.
"Dl-malic acid is an artificial flavoring agent that functions as a primary flavoring in all the products."