Publix Class Action Claims Retailer Misleadingly Labels Strawberry Watermelon Water Enhancers as Being All Natural

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Publix Strawberry Watermelon Water Enhancers Class Action Lawsuit Overview: 

• Who: Carnelius McCall filed a class action lawsuit against Publix Super Markets, Inc. 
• Why: McCall claims Publix misleads consumers into believing its strawberry watermelon water enhancers contain only natural flavors.
• Where: The class action lawsuit was filed in Florida federal court.

Strawberry watermelon water enhancers manufactured and sold by Publix Super Markets are deceptively labeled to make it seem like they only contain natural flavors, a new class action lawsuit alleges. 

Plaintiff Carnelius McCall claims Publix, through its labeling, misleads consumers into believing its strawberry watermelon water enhancers don’t contain any artificial flavors. 

McCall says Publix deceives consumers by labeling the front of the strawberry watermelon water enhancers with “Natural Flavor With Other Natural Flavors.”

The product is further misleading due to the images of five strawberries, two watermelon wedges and red packaging on the front labeling, according to the class action lawsuit. 

“By identifying the Product as getting its strawberry and watermelon taste from ‘Natural Flavor With Other Natural Flavors,’ with pictures of five strawberries and two wedges of watermelon, consumers expect only natural flavoring ingredients will contribute to its taste, because that is what the label says,” the class action lawsuit states. 

Publix Water Enhancer Contains DL-Malic Acid, an Artificial Flavor, Plaintiff Claims

McCall claims that, despite the representations, the product actually contains Malic Acid, which, while included in the ingredients list, is not specifically identified as DL-Malic Acid, which is artificially made. 

“Laboratory analysis concluded the Product contains the artificial DL-malic acid instead of natural L-malic acid,” the class action lawsuit states.

Publix could have used L-Malic Acid, McCall argues, but instead chose to use DL-Malic Acid due to the fact it was “likely cheaper or more accurately resembled natural flavors than citric acid or other acids.”

McCall claims Publix is guilty of breach of contract, fraud, unjust enrichment and negligent misrepresentation and in violation of the Florida Deceptive and Unfair Trade Practices Act, multiple state consumer fraud acts and the Magnuson Moss Warranty Act. 

Plaintiff is demanding a jury trial and requesting injunctive relief along with monetary, statutory and/or punitive damages for himself and all class members. 

McCall wants to represent an Alabama class and multistate subclass of consumers who have purchased the Publix brand strawberry watermelon water enhancers. 

A similar class action lawsuit was filed against Dyla LLC in January by a consumer arguing the company sells Snapple brand diet peach tea powdered drink mix mislabeled to make consumers believe it contains only natural flavors. 

In August 2021, meanwhile, consumers filed a class action lawsuit against Hornell Brewing Co., arguing the company deceptively markets its AriZona ice tea products as being “All Natural.” 

Have you purchased Publix brand strawberry watermelon water enhancers? Let us know in the comments! 

The plaintiff is represented by Will Wright of The Will Wright Law Office, P.A., and Spencer Sheehan of Sheehan & Associates, P.C. 

The Publix Strawberry Watermelon Water Enhancers Class Action Lawsuit is McCall v. Publix Super Markets, Inc., Case No. 8:22-cv-00584, in the U.S. District Court for the Middle District of Florida.

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