A class action lawsuit has been filed against Church & Dwight Co., Inc., the manufacturer of L'il Critters Gummy Supplements, alleging the product's "No Artificial Flavors" claim is misleading due to the presence of DL-malic acid, a synthetic flavoring ingredient.
A California woman says she didn’t expect gummy supplements marketed as containing “no artificial flavors” to contain a synthetic acid made using petrochemical processes, and now she’s suing the gummies’ manufacturer.
Plaintiff Claudia Aguilar filed a class action lawsuit against Church & Dwight Co. Inc. — the manufacturer of L’il Critters Gummy Supplements — on June 13 in a California federal court, alleging false advertising and violations of California consumer protection laws.
Aguilar alleges that Church & Dwight’s claim that there are "No Artificial Flavors" in the gummies is intentionally misleading and false, due to the presence of synthetic ingredients.
“Defendant’s packaging, labeling, and advertising scheme is intended to give consumers the impression that they are buying a premium product that is free from artificial flavors,” she states.
Aguilar says the gummies contain DL-malic acid, an artificial flavoring ingredient.
DL-malic acid is a synthetic compound produced through the hydration of fumaric acid or maleic acid, involving petrochemical processes, she says.
This synthetic nature of DL-malic acid qualifies it as an artificial flavor under FDA regulations, the lawsuit states.
The FDA defines an artificial flavor as any substance used to impart flavor that is not derived from natural sources such as fruits, vegetables, or other plant materials.
Therefore, the inclusion of DL-malic acid in L’il Critters Gummy Supplements allegedly directly contradicts the "No Artificial Flavors" label claim, according to Aguilar.
Aguilar alleges that Church & Dwight’s labeling practices were designed to mislead consumers into believing they were purchasing a healthier, more natural product.
Not only does the packaging claim that the product is free from artificial flavors, it also depicts fresh fruit imagery on the product labels, which further misleads consumers by implying the flavors come from natural sources, she says.
Aguilar says she and others like her would not have bought the gummies, or would have paid less for them, if they had known about the presence of artificial flavors.
Aguilar seeks to represent all California consumers who purchased L’il Critters Gummy Supplements. She is suing for violations of the Consumers Legal Remedies Act, the Unfair Competition Law, and breach of express warranty.
Aguilar is asking the court for class action certification, damages, fees, costs, and a jury trial.
This is not the first time Church & Dwight has faced class action claims. Last year, the company agreed to a $2.5 million settlement to end claims its Batiste dry shampoo products contained unsafe levels of benzene.
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