Bai Brands Is Newest Defendant In Malic Acid Lawsuits

Bai Brands is the latest in a string of food and beverage companies targeted by lawsuits accusing them of violating FDA ingredient labeling rules. Each of the suits, filed on behalf of four different plaintiffs by one attorney, claims that certain products should be labeled as “artificially flavored” because they contain the petrochemical-derived ingredient malic acid. There is some disagreement, however, as to whether malic acid is a flavoring itself, or merely a flavor enhancer, which would put it outside of FDA regulatory jurisdiction. There is also disagreement over whether the suits will advance in the courts. A spokesman for Dr Pepper Snapple Group, owner of Bai Brands, said the lawsuit has no merit, and the company would ”defend against it vigorously.” Other companies sued include Campbell Soup (V8 Splash drinks), Kellogg’s, and Frito-Lay.