Aspire Energy Drinks Hit with Class Action Over "Natural" Claims

Case Overview: A class action lawsuit has been filed against Aspire Brands, alleging the company falsely advertised its energy drinks as "natural" and "preservative-free" when they contain synthetic preservatives.

Consumers Affected: Consumers nationwide who purchased Aspire energy drinks, believing them to be natural and preservative-free.

Court: U.S. District Court for the Eastern District of New York

A New York woman has filed a class action lawsuit against Aspire Brands, alleging the company's marketing of its energy drinks as "natural" and containing "no preservatives" is false, deceptive, and misleading. 

Plaintiff Sara Dimarco filed the class action complaint against Aspire Brands Inc. on July 19 in a New York federal court, alleging violations of state and federal consumer laws. 

Aspire Brands markets a variety of energy drink flavors, including Aspire Strawberry Watermelon, Aspire Raspberry+Acai, and Aspire Sweet Cherry, among others, Dimarco says.

The company labels the products as "natural" and free of preservatives. However, the lawsuit claims that these labels are inaccurate, as the drinks contain synthetic preservatives, specifically citric acid and ascorbic acid.

“These misrepresentations deceive consumers into thinking they are receiving healthier and ‘natural’ energy drinks, when they are not,” it states.

"Natural" Energy Drinks Packed with Synthetic Preservatives?

Dimarco's complaint states that citric acid and ascorbic acid, both present in Aspire's energy drinks, are synthetic compounds. 

Citric acid is typically produced commercially using genetically modified strains of the mold Aspergillus niger, processed with chemical solvents such as sulfuric acid, Dimarco says. 

She points to definitions from food safety watchdogs to back up her point. 

“Citric acid is a preservative as the term is defined by the Food and Drug Administration,” she says.

Consumers Claim to Be Duped by Aspire Brands' Labeling

The lawsuit alleges consumers are misled by the drinks’ labels into believing they are purchasing healthier, preservative-free beverages. 

Dimarco claims that, like many other consumers, she relied on the "natural" and "no preservatives" labeling when choosing to buy Aspire's products, paying a premium price for what she believed to be a healthier option. 

She says, had consumers known the truth about the ingredients, they would not have paid the higher price.

As a result, Dimarco is suing on behalf of all U.S. consumers who bought Aspire's energy drinks. She is suing for violations of New York Business Law, breach of warranty and unjust enrichment and seeking certification of the class action, damages, fees, costs and a jury trial.

Meanwhile, another recent proposed lawsuit is alleging Kraft’s Original Flavor, Thick ‘n Creamy and Three Cheese varieties of mac & cheese say “No Artificial Flavors, Preservatives, or Dyes” on the box, when they all contain the synthetic preservative citric acid. 

Case Details

• Lawsuit: DiMarco v. Aspire Brands Inc.
• Case Number: 2:24-cv-05021
• Court: U.S. District Court for the Eastern District of New York

Plaintiffs' Attorneys

• Michael J. Gabrielli (Gabrielli Levitt LLP)

Have you felt duped by a product claiming to be 'natural' or 'preservative-free' only to find out it contains synthetic ingredients? Share your experience in the comments below.