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Food Retailer in Class Action Lawsuit Related to Labeling

A multinational supermarket chain has become involved in a lawsuit alleging that the natural and organic fruit flavors used in their lemon raspberry sparkling water are misrepresented.  The plaintiff attorney stated that the fruit flavors contribute de minimis levels of fruit ingredients and are labeled in a way that is deceptive and misleading to consumers.  Laboratory analysis determined that compounds that would be expected from the fruits are not present in the water product.  Flavor definitions and their labeling requirements are set forth in 21 CFR 101.22 and the lawsuit does not allege that the product labeling is contrary to the federal flavoring regulation.  Furthermore, the lawsuit alleges that consumers expect fruits and fruit ingredients to be included for nutritive value.

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Picture Credit Susanne Kuehne

Posted on 7 May 2o21