Nerds, Runts, Spree Class Action Says Candy Contains Artificial Flavors

A class action lawsuit claims that Nerds, Laffy Taffy, Spree, Bottle Caps, Runts, and Gobstoppers are artificially flavored, despite being advertised as having “no artificial flavors.”

Plaintiff Jake Gruber says that he is a long-time customer of the Ferrara Candy Company and has purchased the candies on multiple occasions based on marketing claims that they don’t contain artificial flavors. 

However, Gruber asserts that this labeling is false, because the candies contain dl-malic acid, an artificial flavor.

The Nerds labeling class action lawsuit states that l-malic acid occurs naturally in many fruits and is often used for flavoring in products because it gives food a tart, fruity taste.

The Gobstoppers class action lawsuit argues that the candies do not contain l-malic acid, but dl-malic acid which is made from petroleum products.

The Nerds class action lawsuit goes on to say that reasonable consumers would be misled by the candy’s labeling because consumers who do not have a background in chemistry may not understand that dl-malic acid is an artificial flavoring while l-malic acid is natural flavoring.

The plaintiff cites the Illinois Food, Drug, and Cosmetic Act which states that “a food is misbranded if its labeling is false or misleading in any particular, including if it contains any artificial flavoring, coloring, or chemical preservative, unless it bears labeling stating that fact.”

The Ferrara Candy class action lawsuit says that the company intentionally did not include a proper label noting that the product contained artificial flavoring because such label would dissuade customers from purchasing the product.

The plaintiff claims that customers have a preference for natural foods, and make purchasing decisions in line with this preference.

The Nerds artificial flavoring class action lawsuit claims that the company unjustly enriched itself by not disclosing to consumers that the products contain dl-malic acid.

Gruber says that he, and many other consumers, would not have purchased the candies, or would not have paid as much for them, had they known that the product contained artificial flavoring.

Based on this, Gruber claims that he and many other consumers were financially injured by the Ferrara Candy Company’s alleged deception.

Gruber is represented by Todd M. Friedman, David B. Levin, and Steven G. Perry of the Law Offices of Todd M. Friedman PC.

The Nerds, Runts, Laffy Taffy Class Action Lawsuit is Jake Gruber v. Ferrara Candy Company, Case No. 1:19-cv-04700, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

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