WestSoy Class Action Lawsuit Says Soymilk Doesn’t Contain Natural Vanilla

Consumers recently took action against Hain Celestial, claiming the company misleadingly markets their WestSoy milk products as being made with vanilla.

According to plaintiffs William Marsella and Robert Paterson, Hain Celestial’s WestSoy Organic Plus Vanilla Soymilk isn’t flavored with “natural” flavors as advertised. Instead, the products are allegedly flavored with vanilla alternatives.

The plaintiffs note that real vanilla flavoring is derived from the vanilla orchid plant – grown mostly in Madagascar. Unfortunately, this plant reportedly takes many years to mature – meaning that the supply of real vanilla cannot meet the demand. As a result, prices are higher.

According to Marsella and Paterson, the difficulty of growing vanilla along with the cost has led Hain Celestial to join other manufacturers in using vanilla alternative products.

WestSoy vanilla soymilk is reportedly flavored with “vanilla flavor and other natural flavors,” according to the ingredient list. The plaintiffs argue this means that WestSoy milk alternative products have some flavor “from the product whose flavor is simulated [vanilla] and other natural flavor [non-vanilla] which simulates, resembles or reinforces the characterizing flavor.”

Although this is a valid way to flavor products, the plaintiffs argue that the product packaging fails to disclose the presence of other natural flavors. Instead, the products are only labeled as “vanilla.”

The plaintiffs claim that WestSoy vanilla soymilk should be labeled in a way that discloses the presence of additional flavorings. For example, either “natural vanilla flavored soymilk” or “vanilla flavored soymilk” would do the trick, according to the WestSoy class action lawsuit.

In addition to misleading vanilla statements, the plaintiffs argue that WestSoy vanilla soymilk products contain misleading sugar labels. Instead of listing sugar on the ingredients list, WestSoy allegedly includes “evaporated cane juice.”

Despite this being a fancy name for sugar, the term “evaporated cane juice” misleads consumers into believing that the products contain an ingredient derived from a fruit or vegetable. This allegedly causes consumers to believe the products are healthier.

“A growing number of consumers, including plaintiffs, are paying more attention to the ingredients contained in the foods they eat and are shunning excess, added sugars due to their association and contribution to ailments and conditions like coronary heart disease, obesity and diabetes,” the WestSoy class action lawsuit notes.

Between these two forms of misrepresentations, consumers are reportedly misled into thinking the products are healthier than they are. According to the plaintiffs, these misrepresentations intentionally take advantage of the growing consumer trends looking for healthier food items or naturally flavored drinks.

“The representations are misleading because the front label and ingredient list fail to disclose artificial flavors and the ingredient list conceals the addition of sugar through misleading terms,” the plaintiffs conclude in their WestSoy class action lawsuit.

The plaintiffs have hit Hain Celestial with a variety of claims in their WestSoy class action lawsuit, including allegations of fraud, negligent misrepresentation and unjust enrichment.

“Consumers want real vanilla. If companies are going to give them artificial vanilla then consumers deserve to be told,” plaintiff counsel told Law360 in an email statement.

The issue of fake vanilla has been prevalent in legal news, with consumers claiming that they were misled by company representations.

Several milk-alternative products, which often feature vanilla-flavor options, have been the subject of class action lawsuit.

Consumers argue that, similar to the WestSoy vanilla soy milk, these products do not contain real vanilla and instead contain vanilla substitutes.

Dream Vanilla Oat Milk, Rice Dream Vanilla Rice Drink – another Hain Celestial product, Whole Foods Vanilla Rice Milk, and countless other milk alternatives have been hit with claims by consumers.

Vanilla ice cream is another popular product at the center of fake vanilla litigation. This year, consumers took action against both McDonald’s and Breyers vanilla ice cream – claiming that the cold treats do not contain real vanilla flavoring and are instead flavored with vanilla imposters.

Non-dairy products have also been subject to vanilla class action lawsuits. In March, plaintiffs took action against Celestial Seasonings tea, arguing that the company’s Sleepytime Vanilla tea does not contain real vanilla.

Have you purchased WestSoy vanilla soy milk? Were you misled by the product’s marketing? Share your thoughts in the comments section below.

Plaintiffs and the proposed Class are represented by Spencer Sheehan of Sheehan & Associates PC and Michael R. Reese of Reese LLP.

The WestSoy Vanilla Soy Milk Class Action Lawsuit is William Marsella, et al. v. The Hain Celestial Group Inc., Case No. 1:20-cv-04936, in the U.S. District Court for the Southern District of New York.

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