‘Naturally Flavored’ Kroger Sparkling Waters Contain Undisclosed Artificial Flavor, Class Action Claims

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A proposed class action claims Kroger’s “Naturally Flavored” sparkling water is falsely advertised since the products contain a synthetic flavoring chemical.

The 26-page lawsuit alleges Kroger, a food product manufacturer and the country’s largest supermarket chain by revenue, has deceived consumers by labeling its seltzers as “naturally flavored,” even though the products are flavored with an artificial ingredient called dl-malic acid.

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The case argues that dl-malic acid, which is listed as “malic acid” on the product’s ingredient list, is considered artificial under federal regulations and state law. The ingredient does not occur naturally as it is a synthetic chemical manufactured in factories from petroleum feedstocks, the filing says.

Although Kroger advertises its beverages exclusively based on fruit flavors, such as “strawberry,” “white grape,” or “mixed berry,” the products’ tart fruit taste is derived from dl malic acid, the case contends. The filing states that under federal law, a product must be labeled as “artificially flavored” if it uses a synthetic ingredient that “simulates, resembles or reinforces” its characterizing flavor.

According to the complaint, the beverages are misbranded under federal and state laws because Kroger failed to properly disclose its use of artificial flavoring on its packaging.

The lawsuit argues that consumers have no way of knowing that the seltzers are artificially flavored, and buyers have been duped into paying more for the product due to Kroger’s misleading representation.

The lawsuit seeks to represent anyone who purchased Kroger’s “Naturally Flavored” sparkling-water beverages in person during the applicable statute of limitations period.

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