SweeTARTS Class Action Says Candy Contains Artificial Flavors

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Nestle was hit with a class action lawsuit alleging SweeTARTS are falsely labeled as containing only natural flavorings.

Lead plaintiff Jessica Littlejohn claims that SweeTARTS actually contain artificial flavors that are not disclosed to consumers in violation of California advertising laws.

Littlejohn alleges that the sweet and tart candy contains malic acid, allegedly a synthetic petrochemical that gives the candy its fruit-like flavor.

“[B]ecause the Products 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,” states the SweeTARTS class action.

The plaintiff also alleges that Nestle’s labeling of SweeTARTS violates federal law because the generic, rather than specific, name for malic acid is used on the ingredient list.

“Far more deceptive, however, is the fact that the Products claim on the front label that they contain ‘NO ARTIFICIAL FLAVORS,’” alleges the SweeTARTS class action.

According to the SweeTARTS candy class action lawsuit, malic acid is not a naturally occurring compound. Several types of the chemical are used to give SweeTARTS its tart, fruit flavor; however, federal and state law requires that products containing artificial ingredients are labeled with this fact on both the front and the back.

Littlejohn points out the Nestle charges a premium to her and other consumers who want products that do not contain artificial ingredients.

“When purchasing the Products, Plaintiff was seeking a product of particular qualities, one that was flavored only with the natural ingredients claimed on the label and which did not contain artificial flavoring,” alleges the SweeTARTS candy class action lawsuit. “Plaintiff is not alone in these purchasing preferences. As reported in Forbes Magazine, 88% of consumers polled recently indicated they would pay more for foods perceived as natural or healthy.”

The plaintiff alleges the products that contain misleading labeling include:

• SweeTARTS Original
• SweeTARTS Mini Chewy
• SweeTARTS Giant Chewy
• SweeTARTS Chews
• SweeTARTS Extreme Sour Chewy
• SweeTARTS Chewy Sours
• SweeTARTS Sour Gummies
• SweeTARTS Gummies
• SweeTARTS Whipped & Tangy
• SweeTARTS Cherry Punch Soft & Chewy Ropes
• SweeTARTS Tangy Strawberry Soft & Chewy Ropes
• SweeTARTS Jelly Beans

“Each of these Products’ labels deceived consumers into paying a price premium for an artificially-flavored product that was worth less than the naturally flavored product promised by the labels,” alleges the SweeTARTS candy class action lawsuit.

Littlejohn seeks to represent all California citizens who purchased SweeTARTS products in California on or after Jan. 1, 2012.

The plaintiff is seeking damages for herself and the proposed Class who allegedly paid more for SweeTARTS because of the labeling. Additionally, she asks for a court order requiring Nestle to disgorge any benefits or profit from the alleged false advertising and for the company to conduct a corrective marketing campaign.

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

The SweeTARTS Candy “No Artificial Flavors” Class Action Lawsuit is Littlejohn v. Nestle USA Inc., Case No. 3:18-cv-00658-AJB-WVG, in the U.S. District Court for the Southern District of California.

UPDATE: On Feb. 28, 2019, 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.”

UPDATE 2: March 2019, the SweeTARTS artificial flavors class action settlement is now open. Click here to learn more.