Class Action Alleges Nectar Petit ‘No Preservatives’ Claim Is Misleading

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Nectar Petit products are misleadingly labeled as containing “No Preservatives” despite the fact that the drinks contain two ingredients that function as such, a proposed class action alleges.

Per the 12-page case, the Nectar products contain citric acid and ascorbic acid, chemical preservatives that the suit says are misrepresented in the ingredients list as a flavor enhancer and Vitamin C, respectively. Federal regulations require manufacturers to identify ingredients using their “common or usual name,” the lawsuit says, claiming that consumers would be misled by the Nectar Petit products’ failure to identify the two ingredients accurately as preservatives.

The suit claims defendant Kasim International Corporation has charged a premium price for the Nectar products based on the allegedly misleading “No Preservatives” representation. 

Although the front label of Nectar Petit products represents that the nectar contains no preservatives, the ingredients list states “Citric Acid (as Acidulant)” and “Vitamin C (as Ascorbic Acid),” the lawsuit begins. According to the suit, the two ingredients function as chemical preservatives, which are defined as “any chemical that, when added to food, tends to prevent or retard deterioration.” Describing the ingredients as a flavor enhancer, i.e., acidulant, and Vitamin C is misleading to consumers because these descriptions mask the fact that the chemicals function as preservatives, the lawsuit contends.

Per the case, while citric acid may act as an acidulant, i.e., a chemical that imparts a tart, sour or acidic flavor to a food, the defendant’s self-identification of the chemical deceives consumers into believing that the ingredient is not a preservative. Moreover, listing ascorbic acid in parenthesis causes consumers to “pay it less attention than the more familiar ‘Vitamin C,’” the lawsuit alleges. Though ascorbic acid is a chemically modified version of vitamin C, the two terms are authorized as synonyms only in the context of nutrition labeling, not a product’s ingredients list, according to the filing.

All told, the case claims consumers who view the Nectar Petit beverage’s ingredients list will not conclude that citric acid and ascorbic acid are preservatives. Per the suit, the defendant has “prevent[ed] consumers from learning the truth” about the product’s ingredients by describing them in such a way.

The case looks to cover anyone in New York, Massachusetts or Connecticut who purchased the Nectar Petit product during the applicable statute of limitations period.

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