LOS ANGELES (Legal Newsline) - A maker of fruit snacks that contain malic acid is fighting a class action lawsuit, arguing the plaintiff fails to show the malic acid is artificial.
Ferrara Candy Company filed its motion to dismiss Aug. 18 in Los Angeles federal court in a case concerning Black Forest Juicy Burst Berry Medley Fruit Flavored Snacks, which have the phrase "Naturally Flavored" on their label.
Lawyer Charles Weller and plaintiff Deana Lozano sued in June, claiming consumers are misled by the phrase and that the malic acid is an artificial version.
"Plaintiff does not and cannot dispute that the product contains natural flavoring," the motion to dismiss says.
"The labels do not state 'All NATURAL" OR "100% Natural' or that there are no artificial ingredients. She fails to plead facts plausibly establishing that Reasonable consumers would expect the product to be free of any artificial ingredients."
The lawsuit says the malic acid in the fruit snacks is derived from petrochemicals and is used to create a "sweet and tart" taste. It alleges Ferrara misbrands the products to deceive consumers by depicting fruits on the label and in violation of California law.
Ferrara says its label is accurate, given the snacks are made with real strawberry, raspberry and blackberry juice. It says Weller and Lozano get their malic acid theory wrong, too, and points at a 2019 ruling for Kraft Heinz in a case over allegedly artificial citric acid.
"Even had Plaintiff plausibly alleged the malic acid is artificial, her claims would still fail because she has not plausibly alleged the malic acid acts as a 'flavor,'" the motion says.
"To establish that the malic acid acts as an artificial 'flavor,' she must allege factual content plausibly establishing that it 'simulates, resembles or reinforces the characterizing flavor' of the product.
"It is not enough that malic acid may affect the taste of the product or 'amplify whatever characterizing flavor it has from another source."