- Celestial Seasonings, Inc. has been sued (Law360 subscription required) for allegedly falsely advertising its herbal teas as having “All Natural” flavors despite containing citric acid.
- The complaint targets five specific herbal teas marketed by Celestial Seasonings that are labeled as “Naturally Flavored with Other Natural Flavors” with additional label statements that the company “blends its ‘teas from the finest ingredients with no artificial flavors or colors.’” According to the complaint, Celestial Seasonings also makes several claims on its website related to its ingredients, including “[t]he natural flavors we use are derived from real ingredients and do not contain artificial or synthetic additives.”
- However, the complaint says that the ingredient list for each of the five teas includes citric acid, which is primarily synthesized using Aspergillus niger, rather than being extracted from fruits and vegetables. The complaint alleges that Celestial Seasonings adds citric acid to its teas as a flavoring agent, rather than as a preservative. Further, according to the plaintiff, because citric acid is listed separately from “natural flavors” in the ingredient list, it is implied to be manufactured, rather than natural, citric acid.
- Notably, under 21 CFR 101.22(i), a product should bear the characterizing flavor statement “naturally flavored with other natural flavors” where it contains a both characterizing flavor derived from the product whose flavor is simulated and other natural flavor which simulates, resembles, or reinforces the characterizing flavor.
- Products containing citric acid but labeled as “natural” or containing no artificial ingredients are often targets of similar class action lawsuits, as we have blogged. Keller and Heckman will continue to monitor litigation related to food labeling.