Emergen-C class action claims beverage mix falsely advertised as containing ‘natural fruit flavors’

Emergen-C class action lawsuit overview: 

• Who: Eunice Jernigan filed a class action lawsuit against GSK Consumer Health Inc. 
• Why: Jernigan claims GSK Consumer Health falsely advertises its Emergen-C raspberry-flavored immune-supporting beverage mix as containing “natural fruit flavors.”
• Where: The class action lawsuit was filed in Florida federal court. 

GSK Consumer Health falsely advertises that its Emergen-C brand raspberry-flavored immune-supporting beverage mix contains “natural fruit flavors,” a new class action lawsuit alleges. 

Plaintiff Eunice Jernigan claims the raspberry taste for the Emergen-C product is “derived in part from artificial flavoring ingredients.” 

Jernigan argues the Emergen-C product contains the artificial ingredient D-malic acid, which he alleges has been revealed through laboratory testing, and, in part, by the listing of malic acid in small print on the ingredients list. 

“D-Malic Acid is an artificial flavor because it imparts the taste of fruits including raspberries to the Product, rendering ‘Natural fruit flavors’ and ‘Flavored Fizzy Drink Mix with other Natural Flavors’ false and misleading by omission,” the Emergen-C class action states. 

Jernigan wants to represent a Florida class of consumers who have purchased the Emergen-C raspberry flavored immune supporting beverage mix within the statute of limitations. 

Emergen-C ingredients list does not make clear malic acid is artificial, class action claims

Jernigan argues consumers who review the ingredients list will not be aware that the malic acid found in the Emergen-C product is an artificial flavoring ingredient, due to L-malic acid occurring naturally in raspberries. 

“The combination of DL-Malic Acid with sugars is not equivalent to any natural fruit flavors and natural raspberry flavors,” the Emergen-C class action states. 

Jernigan claims GSK Consumer Health is guilty of fraud and breach of express warranty, and of violating the Florida Deceptive and Unfair Trade Practices Act and a state statute regarding false and misleading advertising. 

The plaintiff is demanding a jury trial and requesting declaratory relief along with an award of monetary, statutory and/or punitive damages for herself and all class members. 

A separate class action lawsuit was filed against GSK Consumer Health in June by a consumer arguing the company sells misleadingly labeled Theraflu Emergen-C convenience packs. 

Have you purchased an Emergen-C raspberry flavored immune supporting beverage mix? Let us know in the comments.

The plaintiff is represented by William Wright of The Wright Law Office PA and Spencer Sheehan of Sheehan & Associates PC. 

The Emergen-C class action lawsuit is Jernigan v. GSK Consumer Health Inc., Case No. 6:23-cv-01640, in the U.S. District Court for the Middle District of Florida.

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