- In a December 30 order, an Illinois federal judge dismissed a proposed class action lawsuit against Target which alleged that the brand's Market Pantry "fruit punch" flavored concentrated liquid water enhancer misled consumers into believing the product contained only natural fruit flavoring (subscription to Law360 required).
- The Market Pantry "fruit punch" product declares "Natural Flavor with Other Natural Flavors" on the principal display panel and lists "malic acid" as the second ingredient. Plaintiff Jessica Gouwens argued that based on her own lab analysis, the product contained artificial dl-malic acid, and therefore the product's front label should have also disclosed the presence of artificial flavor. She alleged that she would not have purchased the product had she known that dl-malic acid was an ingredient.
- However, U.S. District Judge Iain Johnston held that Plaintiff Gouwens did not sufficiently plead that the flavor labeling omission would mislead a significant portion of the targeted consumers to be deceived or misled into thinking that the product's taste was only from natural flavors. The flavor labeling statement "Natural flavor with other natural flavors" does not amount to an affirmative representation that the product is free from artificial flavors. Indeed, Judge Johnston states "[a] reasonable consumer would not believe that a shelf-stable, bright red fruit punch flavored liquid water enhancer was free of artificial ingredients absent an affirmative statement to the contrary."
- Gouwens sought to pursue her claims on behalf of a class of Illinois consumers, as well as consumers in several other states, for violations of consumer fraud laws. The case was dismissed with prejudice.
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