LOS ANGELES (Legal Newsline) - The words "artificially flavored" are right on the front of our tin, the maker of Altoids is arguing as it defends a class action lawsuit over the lack of actual cinnamon in its cinnamon-flavored breath mints.
The class action would impose labeling requirements that exceed what is required by federal law, Mars says in an Oct. 14 motion to dismiss a lawsuit filed by plaintiff Brent Scruggs and his lawyers at Custodio & Dubey.
They filed suit Aug. 9 in Los Angeles federal court, noting the image of cinnamon sticks and the word "CINNAMON" on the front of the product's packaging.
"When manufacturers represent a specific ingredient on a food item, consumers expect the item to include that ingredient," the suit says.
"While manufacturers at times use artificial flavorings to mimic the taste of certain ingredients, the Federal Government, through the United States Food and Drug Administration, requires manufacturers to label their products in a specific manner to avoid consumer deception."
That's not true, Mars says in its recent court filing. It claims it has abided by regulations under the Food, Drug and Cosmetic Act, while also arguing no reasonable consumer could be misled by its marketing.
"Plaintiff inexplicably pretends that the words "Artificially Flavored" do not exist on the label, even though they appear in plain sight," the motion says.
"Plaintiff then claims that it would be reasonable for his imaginary consumer to (1) look at the Altoids label, (2) see the words "Artificially Flavored" on the front label, (3) see from the ingredients list that the product is 'MADE OF: ... ARTIFICIAL FLAVORS...,' (4) not see any reference to cinnamon in the ingredients list, and (5) still conclude that Altoids contain natural cinnamon."