Presence of Citric Acid at Heart of Putative Class Action Challenging Vivaloe’s “Natural” and Preservative-Free Claims

A consumer has filed a putative class action alleging Outernational
Brands, Inc. mislabels its Vivaloe aloe-vera beverages as “All Natural”
and preservative-free even though the products contain citric acid. Chen
v. Outernational Brands, Inc., No. 16-1634 (E.D.N.Y., filed April 4,
2016).

“The term ‘All Natural’ only applies to those products that contain no
non-natural or synthetic ingredients and consist entirely of ingredients
that are only minimally processed,” the complaint asserts. The plaintiff
argues that the presence of citric acid, “which is not extracted from citric
fruits but industrially synthesized via complex chemical synthetic routes
and thus cannot be considered ‘minimally processed,’” precludes Outernational
from labeling Vivaloe as “All Natural” or free of preservatives.

The complaint admits the U.S. Food and Drug Administration has not
defined “natural,” but argues “there is no reasonable definition of ‘All
Natural’ that includes ingredients that, even if sourced from ‘nature,’ are
subjected to extensive transformative chemical processing before their
inclusion in a product.” For allegations of misrepresentation and New
York consumer-protection law violations, the plaintiff seeks class certification,
compensatory and punitive damages, an injunction, restitution
and attorney’s fees.

Issue 600