LOS ANGELES (Legal Newsline) - In response to a class action lawsuit, Aldi says it never promised customers that its flavored drink enhancers would be free from artificial flavors.
Lawyers William Wright and Spencer Sheehan pointed to a label that featured a fresh watermelon and ripe strawberry and stated "Natural Flavor With Other Natural Flavors" when they sued Aldi in July in Los Angeles federal court.
That packaging would lead a consumer to believe there were no artificial flavors, they said, pointing to the presence of malic acid in the product. Aldi responded with a motion to dismiss Nov. 17.
"Notably, Plaintiff does not - and cannot - point to any representation that the product is free of artificial flavors," the motion says.
"Nor does she allege that reasonable consumers expect a pocket-sized, shelf-stable container of flavored liquid beverage concentrate to be made from real fruits or free of artificial flavors."
The argument that malic acid is artificial is baseless, the company added. The suit fails for three "fundamental reasons," the motion says:
-The complaint does not establish that the malic acid in the product acts as watermelon or strawberry flavoring, as it is the predominant acid in a wide range of fruits;
-Aldi never marketed the products as free of artificial flavors; and
-Plaintiff Erin Farmer can't prove she was harmed, as she received what she paid for - "a convenient, shelf-stable, liquid water enhancer that makes plain water taste like strawberries and watermelons."
Aldi cites a decision involving the same lawyers from Florida earlier this year over honey- and lemon-flavored lozenges that do not contain real lemon.
"Plaintiff's lawsuit is flawed beyond repair," Aldi's motion says.
Malic acid lawsuits are part of the massive caseload of Sheehan, whose theories of consumer deception have angered defendants and frustrated judges at times.