WOULD YOU CALL IT FORBIDDEN FRUIT?
On January 11, 2023, Jacob Scheibe --- a “college student” -- filed suit against Bare Performance Nutrition, LLC., in a federal district court in the Southern District of California, alleging that while the company’s “Amino Acids powder” claims to be “naturally flavored,” it actually contains “DL Malic Acid,” an artificial ingredient. [See Complaint, paragraphs 19, 22, 25, & 26.]
While there is a naturally occurring form of malic acid, it is alleged that that substance is not used in mass-produced food products, because of its expense. And that this company -- Bare Performance -- is utilizing a “synthetic" form which is "derived from petrochemicals” to “create, simulate and/or reinforce the [products'] fruit flavors.” [Complaint paragraph 27.]
Given that an artificial flavoring is utilized, the complaint alleges that the product’s front and back labeling is required to contain, and is allegedly missing, appropriate disclosures, as required by California law. Given that “fraudulent and deceptive conduct,” Scheibe’s suit (filed on his own behalf and others similarly situated) seeks, among other things, to enjoin the “unlawful,” “fraudulent,” and “’unfair’ business practices,” to recoup damages (actual, punitive and consequential), together with the reimbursement of all legal fees, costs and disbursements.
Scheibe’s complaint notes that it will ultimately seek to represent “all consumers nationwide who purchased the Products within four prior to the filing of this Complaint, as well as a Subclass of all consumers in California who purchased the Products” within that same time-period.
How’s that for short … and sweet?
(Just trying to keep it real, folks.)
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