ORLANDO — A class-action lawsuit has been filed against Target for allegedly using artificial flavoring while claiming its natural flavoring.
Victoria Wilcox filed the complaint alleging that Target is misleading consumers with false claims about the natural flavors in its Market Pantry brand cereal bars, specifically the Naturally Flavored Apple Cinnamon Soft Baked Breakfast Bars, according to a complaint filed in U.S. District Court for the Middle District of Florida.
The plaintiff claims that despite the product's labeling and marketing, it contains artificial flavoring ingredients, notably DL-Malic Acid, to simulate the apple taste.
Wilcox alleges that this misrepresentation violates federal and state regulations governing food labeling and constitutes a breach of consumer trust.
With the growing trend among consumers to avoid artificial flavors, companies want to capitalize on that trend and are focusing on naturally flavored items, according to the complaint.
The plaintiff argues that more than 80 percent of Americans believe that foods with artificial flavors are less healthy, and consumer avoidance of such ingredients is as strong as their desire for natural flavors.
Wilcox claims that the FDA requires accurate labeling, especially regarding flavor sources, to prevent consumer deception. She claims that disclosing the source of a product's taste is important and failure to do so constitutes misbranding.
"The result is that the Product is 'misbranded' and misleads consumers to expect the filling’s taste is only from the identified ingredients of apple and cinnamon and natural flavors, which is false, because its taste comes in part from the artificial flavoring ingredient of DL-Malic Acid," the complaint states.
She notes in the complaint the specific flavoring of apples is a complex taste and involves interactions between nonvolatile and volatile compounds.
The prototypical apple taste, according to the complaint, relies on the interaction of sugars and organic acids, with malic acid being a key component, according to the suit.
Wilcox claims that Target's cereal bars, despite being labeled as "Naturally Flavored," contain DL-Malic Acid, an artificial flavoring ingredient that misleads consumers about the source of the apple taste.
Target's labeling is misleading and violates federal and state regulations by failing to disclose the presence of artificial flavoring adequately, according to th suit.
Wilcox claims the product's common or usual name, "Naturally Flavored Apple Cinnamon Soft Baked Breakfast Bars," is inaccurate and should include the term "artificial" to reflect the use of DL-Malic Acid.
Wilcox claims that this misbranding leads consumers to expect a product with only natural flavors when, in reality, it contains artificial flavoring.
"As a result of the false and misleading representations and omissions, the Product is sold at a premium price, approximately $2.59 for 8 bars, excluding tax and sales, higher than similar products, represented in a non-misleading way, and higher than it would be sold for absent the misleading representations and omissions," the complaint states.
The plaintiff alleges misrepresentation and argues that this allows Target to sell the product at a premium price, capitalizing on consumer preferences for natural flavors.
Wilcox is seeking compensatory damages. She is represented by William Wright of The Wright Law Office in West Palm Beach.
Wilcox's attorney declined to comment on the class-action lawsuit.
U.S. District Court for the Middle District of Florida case number: 6:23-cv-02339