Bigs Chile Limón Sunflower Seeds Contain Undisclosed Artificial Flavor, Class Action Alleges

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A proposed class action alleges Bigs-brand Chile Limón Sunflower Seeds are misleadingly labeled in that they contain an undisclosed artificial flavor.

The 17-page lawsuit claims the product’s chili pepper and lime flavors are bolstered by the addition of artificial malic acid—a fact not disclosed to consumers on the sunflower seeds’ front label, the suit says. Per the case, consumers have been misled by the product’s packaging into believing the sunflower seeds’ characterizing taste comes solely from chili pepper and lime ingredients.

“The representation of ‘Chile Limón Flavor’ is false and misleading because this fails to adequately disclose the source of the Product’s chili pepper and lime taste,” the complaint contends.

The lawsuit claims the Bigs Chile Limón sunflower seeds, made by defendant Conagra Brands, are worth “materially less” than consumers paid for them in light of their allegedly misleading packaging.

According to the suit, malic acid is “an integral part” of the taste of fruits, including chili peppers and limes, given each fruit’s flavor is determined by its sugar to acid ratio.

Per the case, the malic acid used in the Bigs Chile Limón sunflower seeds is not a “flavor enhancer” or pH balancer, as it can sometimes be used, but a main component of the product’s chili pepper and lime taste. As the suit tells it, the malic acid “imparts a flavor of its own” and must therefore be disclosed on the sunflower seeds’ front label, as required by food labeling regulations.

Although malic acid does occur naturally, laboratory analysis has shown that the variety used in the Bigs sunflower seeds is an artificial version derived from petroleum, the complaint says.

The lawsuit argues that federal and state food labeling rules stipulate that because the sunflower seeds’ characterizing flavors—i.e., chili pepper and lime—are derived in part from an artificial ingredient, the front label must disclose that the product is artificially flavored.

The suit looks to represent anyone in Wisconsin, Illinois, Alabama, New Mexico, Mississippi, Utah, Nebraska, South Carolina, Tennessee and Virginia who purchased the Bigs Chile Limón sunflower seeds during the statute of limitations period.

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