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A recent class action against Nestle claims that Nesquik products are falsely labeled as containing no artificial flavors.
The Nesquik class action lawsuit claims that Nestlé falsely advertises its products as containing “no artificial flavors or colors,” because it is made with alkalized cocoa. However, according to the lawsuit, alkalized cocoa is not a pure, natural, form of cocoa.
The Nesquik class action lawsuit was filed by Michael Santini who says he purchased the Nesquik products multiple times in part because he read the products’ labeling and advertisements. As a result, he allegedly believed them to contain no artificial flavors or colors.
However, Santini says that the reality of the products’ ingredient list contradicts Nestle’s advertising claims, noting that the ingredient list on the back of the products lists “cocoa processed with alkali.”
The Nesquik class action lawsuit argues that alkalized cocoa is less valuable to consumers because it is not cocoa’s purest form. Additionally, Santini says that alkalized cocoa has a less rich taste and does not contain all of the benefits of non-alkalized cocoa.
The Nestle class action lawsuit asserts that processing cocoa through alkalization is a synthetic process that affects the color and flavor. According to Santini, Nestle admitted this when the company disclosed that the cocoa they used was processed through alkalization.
To explain why the use of alkali in cocoa processing is important to consumers, Santini provides background about the chocolate-making process.
He states that cacao beans are dried and fermented, with cocoa solids and butter later extracted from them. He says that cocoa beans are cracked and the shells are separated from the nibs. Allegedly, the nibs are roasted and ground into a chocolate liquor.
After the liquid solidifies, cocoa butter is then extracted, and the remaining solid blocks are pressed into a cocoa powder, says Santini. Allegedly, cocoa powder is the basis of chocolate’s flavor, without fat, sugar, or milk. Allegedly, these powders can be further treated through a process called alkalization, or it can be used as-is.
According to Santini, this is also known as the “Dutch process.” Cocoa powders processed via the Dutch method have been treated with alkali solutions. This raises their pH level and reduces their acidity. Though cocoa treated with alkali are darker brown, they actually have a more mild taste than non-alkalized cocoa. In contrast, non-alkalized cocoa is lighter brown but has a richer flavor.
Additionally, alkalization allegedly changes the nutrient content of the cocoa.
The plaintiff says non-alkalized cocoa contains more flavanol antioxidants and fiber. Santini explains that flavanol antioxidants are associated with cardiovascular health benefits and anti-inflammatory benefits.
The Nesquik class action states that many consumers who seek out indulgent products like cocoa and chocolate still seek out all natural products.
Though these consumers know that these products are not healthy, they allegedly still want to know that they can indulge in a “guilty pleasure” while still gaining the benefits of an all natural product.
The Nestle Nesquik class action lawsuit also says that customers perceive natural products to be of higher quality and associated with the desirable attributes. For example, Santini says that many customers who seek out natural cocoa powder prize its rich cocoa flavor, which is most prominent in cocoa’s purer, non-alkalized form.
Santini claims that, like many other consumers, he has a preference for products that are “natural” and contain no artificial flavors or colors. Allegedly, Santini’s preference for these products is why he is willing to pay more for them, as he says is the case with many other customers.
Because Nestle employed an artificial process that removed some of the desirable characterizes and benefits of cocoa, the company allegedly sold customers a less valuable product than was advertised.
According to Santini, he and many other customers would not have purchased the Nesquik products if they had known that they were made with alkalized cocoa, or they would not have paid as much for them.
In filing the Nesquik false ad class action lawsuit, Santini seeks to represent himself and a Class of similarly affected consumers.
Do you prefer to buy natural products? Share your purchasing preferences in the comments below.
Santini is represented by Reuben D. Nathan of Nathan & Associates.
The Nestle Nesquik False Advertising Class Action Lawsuit is Michael Santini v. Nestle USA Inc., Case No. 4:20-cv-02433-YGR, in the U.S. District Court for the Northern District of California.
1,432 thoughts onNestlé Class Action Lawsuit Says Nesquik Has Artificial Flavors
Due to Native American ancestry, I frequently try to buy natural products because I tend to have an allergic reaction otherwise. I have bought Nestle multiple times due to their claim and I may have the rebate history to prove it. Please add me.
My kids and my grandkids all grew up with this product
Add me I buy it for my kids and myself.
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Add me I bought this items over 20yrs for my children and myself
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Love this stuff.have bought an this stuff …