Vivaloe Class Action Lawsuit Says Drinks are Artificially Flavored

A Vivaloe class action lawsuit alleges that the beverages are artificially flavored instead of being naturally flavored from fruits.

Plaintiff Ariel Anderson filed her suit in California federal court, arguing that Outernational Brands Inc.’s advertisements for Vivaloe beverages are misleading to customers.

Labeling of Vivaloe products allegedly convinces consumers that they are flavored only with natural ingredients when, in fact, the beverages contain malic acid.

Malic acid is a synthetic chemical often used in foods and beverages to mimic the tangy flavor of fruits such as blueberries, lemons, mangoes, or cherries.

Although there is a naturally occurring form of malic acid, the malic acid used in Vivaloe products is allegedly the artificial form, known as d-l malic acid. D-l malic acid is reportedly manufactured in petrochemical plants in a chemical process involving “highly toxic” chemical precursors and byproducts.

The Vivaloe class action argues that Outernational Brands uses the artificial version of malic acid but fails to specify which form of malic acid is used and fraudulently labels their products as containing “no artificial color or flavors.”

Anderson further alleges that these deceptive advertising choices are intentional and aim to deceive reasonable consumers into believing that Vivaloe products are naturally flavored.

“Defendant’s packaging, labeling, and advertising scheme is intended to give consumers the impression that they are buying premium, all-natural products with only natural flavoring ingredients instead of products that contains artificial chemicals and that are artificially flavored,” the Vivaloe class action claims.

Anderson claims that the deceptive Vivaloe advertising is in violation of FDA regulations which require labels to disclose the presence of artificial flavoring.

Specifically, the FDA requires that labels disclose artificial flavoring if added flavor ingredients simulate or reinforce the “characterizing flavor” of a product. Characterizing flavors are the primary flavors identified on the front label.

For Vivaloe, the characterizing flavors are peach, watermelon, coconut, and honeydew as they are specified on the labeling and depicted with representations. Because malic acid is included in the Vivaloe products to allegedly reinforce these flavors, Anderson argues that the lack of disclosure regarding artificial flavors is against FDA regulations.

The Vivaloe class action lawsuit claims that Anderson and other consumers would not have paid the price they did, or may not have purchased the products at all, had they been aware that Vivaloe products are artificially flavored. As such, they have allegedly been damaged by Outernational Brands’ deceptive advertising and seek compensation for purchasing a product they may not have in absence of the false advertising.

Anderson seeks to represent a Class of consumers who have purchased Vivaloe beverages since Jan. 1, 2012. She also seeks to represent a Class of the same consumers from California.

The Vivaloe class action lawsuit seeks restitution, disgorgement, monetary damages, punitive damages, court costs, and attorneys’ fees.

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

The Vivaloe Artificially Flavored Beverages Class Action Lawsuit is Anderson v. Outernational Brands Inc., Case No. 3:18-cv-02550-JLS-WVG, in the U.S. District Court for the Southern District of California.