7-Eleven Falsely Advertises Energy Shots as Naturally Flavored, Class Action Alleges

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7-Eleven Energy Shots Class Action Lawsuit Overview: 

• Who: 7-Eleven is facing a false advertising class action lawsuit for its watermelon and lime flavored energy shots.
• Why: A New York consumer alleges that the shots contain DL-Malic Acid, an artificial flavoring derived from petroleum, despite being advertised as “100% Natural Flavors.”
• Where: The lawsuit is pending in New York federal court.

If you think your 7-Eleven watermelon and lime energy shot is naturally flavored like the label suggests, think again, a consumer who lodged a class action against the company for false advertising alleges.

Lead plaintiff Derrik Dildine has taken the convenience store giant to court in New York, accusing it of falsely marketing its 7-Eleven Extra Strength Energy shots as having “100% Natural Flavors” when they in fact contain an artificial flavoring derived from petroleum products.

Dildine says that, based on laboratory analysis, the watermelon and lime flavored shots contain DL-Malic Acid, which is a chemical additive made to replicate the naturally occurring L-Malic Acid. L-Malic Acid occurs naturally in various fruits and provides tartness.

Despite 7-11 marketing the energy shots as being totally naturally flavored and including pictures of slices of watermelon and wedges of lime on the bottles, it uses the artificial DL-Malic Acid because it is lower-priced and more accurately resembles the natural watermelon and natural lime flavor, Dildine claims.

“The Product could have used natural, L-Malic Acid, or more natural watermelon and natural lime flavor,” he says. “Consumers are unable to learn the malic acid listed in the ingredients is the artificial version without a chemistry kit”

7-11 Consumer Expected Natural Flavors, Claims False Ad Class Action Lawsuit

Dildine says in the claim that he bought the 7-11 energy shots because he expected they would be completely flavored from natural flavoring. “The Product was worth less than what Plaintiff paid and he would not have paid as much absent Defendant’s false and misleading statements and omissions,” the lawsuit reads.

Dildine is suing the company on behalf of New York, North Dakota, Kansas, Wyoming, and Delaware consumers for violations of New York business laws and state consumer fraud acts, breaching warranty, and committing negligent misrepresentation and fraud.

He seeks certification of the Class, damages, injunctive relief, legal fees and costs, and a jury trial.

7-Eleven is facing another class action lawsuit for alleged false advertising of Juul e-cigarettes, allegedly marketing the vapes as a safer alternative to regular cigarettes. 

The convenience store chain isn’t the only company facing a class action lawsuit for allegedly advertising a product as being naturally flavored when it contains DL-Malic Acid. In October, the Coca-Cola Company was sued for alleged false advertising of its piña colada Fanta, which it says is naturally flavored but New Yorker Janie Hawkins argues has DL-Malic Acid and no actual pineapple juice.

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The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C.

The 7-Eleven Energy Shot False Ad Class Action Lawsuit is Dildine v. 7-Eleven, Inc., Case No. 6:21-cv-06668 in the U.S. District Court Western District Of New York Rochester Courthouse.

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