SweeTARTS Will Drop ‘No Artificial Flavors’ To Settle Class Action

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A California federal judge approved a settlement deal that will require Ferrara Candy Company to stop claiming that their SweeTARTS candy contains “no artificial flavors.”

The settlement deal was approved by U.S. District Court Judge Anthony Battaglia on Feb. 28. 

Plaintiff Jessica Littlejohn filed her SweeTARTS labeling class action lawsuit in April 2018.

She alleged that Ferrara falsely advertised its candy as containing no artificial flavors.

Littlejohn states that malic acid is a chemical used to give food its tart taste. She notes that there is a version that occurs naturally in some foods, and an artificial version.

The SweeTARTS class action claims that the ingredient list for SweeTARTS includes “malic acid,” implying that the substance is the naturally occurring substance, when really it contains d-l malic acid, the artificially occurring substance.

The SweeTARTS artificial flavoring class action lawsuit says Ferrara “uses the artificial form, d-l malic acid, but pretends otherwise, conflating the artificial flavorings and deceiving consumers.”

According to Littlejohn, this inaccuracy violates California law. She argues, “because [SweeTARTS] contain artificial flavoring ingredients that simulate and reinforce the characterizing flavor, the front label is required by law to disclose those additional flavors rather than state, as it does, that the products contain no artificial flavors.”

Additionally, the SweeTARTS candy class action argues that Ferrara’s use of the “malic acid” term instead of “d-l malic acid” also violates federal law in addition to California law because it uses the general, rather than the specific term for a component on the ingredients list.

She sought to represent a Class of California consumers who had purchased SweeTARTS since 2012, seeking damages for herself and similarly affected consumers.

The SweeTARTS class action lawsuit argues that customers were injured by Ferrara’s alleged misrepresentation because customers intentionally seek out foods made with no artificial flavorings because they are often seen as healthier than artificially flavored products.

Allegedly, customers who purchased SweeTARTS did so at least in part because they believed that they would be receiving a candy that contained no artificial flavors.

Littlejohn says these customers were denied the benefit of their purchase.

The SweeTARTS class action lawsuit notes that Ferrara was formed in 2012 by a merger of Ferrara Pan Candy Company and Brach’s Confections, and makes candies including Jujyfruits, Now and Later, and Lemonheads.

In 2017, Ferrara was acquired by the Italian Ferrero Group, who bought Nestle’s U.S. candy business for $2.8 billion in 2017. This led them to acquire the SweetTART brand, in addition to Baby Ruth, Wonka, and many other well-known candy brands.

A final hearing on the SweeTARTS class action settlement is scheduled for May 31, 2019.

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Littlejohn is represented by Ronald A. Marron and Michael T. Houchin of the Law Offices of Ronald A. Marron.

The SweeTARTS False Labeling Class Action Lawsuit is Jessica Littlejohn v. Ferrara Candy Company, Case No. 3:18-cv-00658, in the U.S. District Court for the Southern District of California.

UPDATE: March 2019, the SweeTARTS artificial flavors class action settlement is now open.Click here to learn more.