Target class action over Target fruit punch water enhancer dismissed

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Update: 

• An Illinois federal judge dismissed a class action lawsuit accusing Target of falsely advertising that its fruit punch-flavored Market Pantry brand liquid water enhancer contains only natural flavors.
• In an opinion filed Dec. 30, U.S. District Judge Iain Johnston ruled that plaintiff Jessica Gouwens can’t pursue her claims over the malic acid contained in Target’s Market Pantry fruit punch-flavored water enhancers. 
• According to the judge, Gouwens did not adequately show that the product’s label tricked consumers into thinking it was naturally flavored.
• “A reasonable consumer would not believe that a shelf-stable, bright red fruit punch flavored liquid water enhancer was free of artificial ingredients absent an affirmative statement to the contrary,” Judge Johnston says in the opinion.

Target false advertising class action lawsuit overview:

• Why: The beverage concentrate is labeled as containing predominantly natural flavoring even though the second most predominant ingredient is allegedly artificial flavoring.
• Who: Plaintiff Jessica Gouwens alleges Target misrepresented the ingredients of its Market Pantry brand Fruit Punch Liquid Water Enhancer beverage concentrate.
• Where: The lawsuit was filed in Illinois federal court.

(Jan. 19, 2022)

Target Corporation fails to label its Market Pantry brand Fruit Punch Liquid Water Enhancer beverage concentrate as containing artificial flavoring, according to a class action lawsuit filed in Illinois federal court.

Plaintiff Jessica Gouwens says the front label of the Market Pantry water enhancer product indicates that the fruit punch flavoring is derived from natural ingredients. She points to the statements “Natural Flavor With Other Natural Flavors” and “Infused With B-Vitamins,” which may lead consumers to believe that the product contains only natural flavoring.

“The promise of only natural flavoring appeals to the more than seven out of 10 consumers who avoid artificial flavors as these synthetic ingredients are believed to be associated with detrimental health and environmental effects,” the class action lawsuit states.

Target Failed to Disclose Artificial Flavoring, Class Action Says

Federal and state regulations require that food labels disclose the flavor source and indicate prominently on the front label if a product’s main flavors are from artificial flavoring, Gouwens asserts.

The ingredients list on the back of the package lists “malic acid” as the second ingredient and “natural flavors” as the fourth most predominant ingredient, according to the class action lawsuit.

Gouwens points out that malic acid has two different arrangements of atoms in the molecule: L-malic acid and D-malic acid. L-malic acid occurs naturally in certain fruits and provides tartness. D-malic acid, on the other hand, does not occur naturally.

The lawsuit also notes that DL-malic acid is a synthetic chemical manufactured from petroleum.

“Since there are natural and artificial types of malic acid, [Target] is required to tell consumers if it used the artificial version instead of only using the generic name,” the lawsuit says.

Laboratory testing of the Market Pantry beverage concentrate reportedly concluded the product contains DL-malic acid instead of the naturally occurring L-malic acid. Gouwens alleges Target chose to use the artificial DL-malic acid instead because it was cheaper and tasted more like fruit punch than L-malic acid.

Gouwens says she would not have purchased the product, or paid less for it, if she had known its second most predominant ingredient was artificial flavoring.

Have you purchased Market Pantry Fruit Punch Liquid Water Enhancer? Tell us what you think of the Target class action lawsuit in the comments section below!

Gouwens is represented by Spencer Sheehan of Sheehan & Associates PC.

The Market Pantry Artificial Flavoring Class Action Lawsuit is Jessica Gouwens v. Target Corporation, Case No. 3:22-cv-50016, in the U.S. District Court for the Northern District of Illinois, Western Division.

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