- On September 4, 2022, a class-action lawsuit was filed against Conagra for
allegedly deceptively advertising its "Chile Lemon Flavor
Sunflower Seeds" by failing disclose that the product was
artificially flavored with DL-malic acid.
- The complaint alleged that although the product contained aged
chili peppers and lime juice solids (sources of natural flavor),
malic acid is a "core component of chili pepper and
lime," and therefore also imparts flavor on the product. And,
since the (DL) malic acid in question was synthetically produced
(L-malic acid is the only form present in natural sources),
Plaintiff argued that the product should disclose that an
artificial flavor is present (e.g., Artificially Flavored Sunflower
Seeds). Plaintiff also argued that, even if the malic acid acted as
a flavor enhancer (which reinforces a flavor but does not impart
its own flavor), the flavor statement should be "Chile Lemon
Flavored" to indicate that the product does
not contain "an amount of its characterizing ingredients
sufficient to independently characterize it."
- We have previously reported on similar lawsuits, many of which have been filed by Spencer Sheehan, Plaintiff's attorney in this case. We will continue to monitor and report on these and other similar flavor cases.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
