• Last week a proposed class action lawsuit was filed against Harris Teeter alleging that the company falsely and deceptively marketed a variety of flavored cereal bars as “naturally flavored with other natural flavors” when in fact the products allegedly contained synthetically produced malic acid.  See Filing (Law360 subscription required).
  • As alleged in the complaint, malic acid is naturally present in certain foods in its L-enantiomeric form, while synthetically produced malic acid contains a mixture of D- and L- malic acid (the D- and L- designations refer to different spatial arrangement of atoms much like the relationship between a left and right hand). Testing commissioned by Plaintiff’s counsel allegedly revealed the presence of D-malic acid which would indicate the presence of synthetically produced (i.e., artificial) malic acid.
  • Products bearing natural or natural flavoring claims and containing malic acid are a frequent target of class action lawsuits. We will continue to monitor and report on this lawsuit and other food litigation.