Outernational Brands Hit with Class Action Suit Over Vivaloe ‘Naturally Flavored’ Claims

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Outernational Brands’ Vivaloe fruit-flavored beverages are at the center of a proposed class action lawsuit filed over the company’s claim that the products are flavored with only natural ingredients. According to the complaint, the defendant’s Vivaloe Watermelon, Vivaloe Honeydew and Vivaloe Peach products contain malic acid, an artificial flavoring agent not disclosed by Outernational Brands on the drinks’ packaging, labeling or advertising. The plaintiff argues consumers in California were deceived by the defendant’s marketing scheme aimed to give the impression that Vivaloe is a premium, all-natural product. In truth, according to the suit, Outernational Brands’ intentional non-disclosure of malic acid in its beverages violates California law.