A class action lawsuit accuses the makers of Wiley Wallaby licorice candies of misleading the public by advertising its products are naturally flavored, when they allegedly contain artificial ingredients.
"The front label of the products state that the products are 'Naturally Flavored' and 'Natural Strawberry and Raspberry Flavored' while the back
label states that the products are 'Free of … Artificial Colors & Flavors,'" says the lawsuit filed in U.S. District Court for the Southern District of California. "These label claims are false. The products are flavored using an artificial flavoring, DL malic acid, that is derived from petrochemicals."
There is naturally-occurring forms of malic acid, but they are expensive, and "almost never used in mass-produced food products," the lawsuit states.
Instead, companies use a form of malic acid made from benzene or butane "components of gasoline and lighter fluid, respectively" made through a series of chemical reactions, the suit said. It accuses Wiley Wallaby of "fraudulent and deceptive conduct."
The lawsuit seeks unspecified monetary damages plus an injunction barring the company from continuing the alleged "unlawful practices."
The plaintiffs are represented by attorney Charles C. Weller, of Charles C. Weller APC, of San Diego.
Trammel v. KLN Enterprises, Inc., U.S. District Court for the Southern District of California, 3:23-cv-01884-H-JLB