Over the last decade, the term “natural flavor” is near ubiquitous in product ingredients lists. Truly natural flavors? Hardly, lawsuit says The lawsuit argues that using a name and vignette to characterize a product as containing a certain fruit, even though it does not contain that fruit as an ingredient, is “deceptive, misleading and in violation of state and common laws designed to protect consumers” and promote concise, honest and transparent labeling. The lawsuit alleges, however, that Boston Beer Company, who launched Truly in 2016, has capitalized on the rapid growth of the hard seltzer space by “falsely conveying” to buyers that Truly contains the ingredients emblazoned on its labels.Īs the case tells it, the story told by the front label of Truly hard seltzers-for instance, the prominent image of four fresh black cherries coinciding with the name “Truly Black Cherry”-differs from the one told by an ingredients list that includes the problematic catch-all term “natural flavors.” (More on this below.) By way of example, despite being labeled and characterized as a black cherry beverage by both name and vignette, the ingredient deck on the back of the Product belies the veracity of the representation on the principal display panel, by confirming that the Product does not contain black cherry in any form, but instead derives its flavor from a multitude of lab synthesized ingredients.' Indeed, the suit says, the popularity boom of the hard seltzer market can be traced to consumers looking for healthier, “clean label” beverages. According to the complaint, Truly sits in second place as far as hard seltzer sales go, excelling thanks in part to its “marketing of a healthier choice, clean label product.” In the hard seltzer market, the way a drink is labeled is an important factor for potential buyers, and purchasing decisions are increasingly based on knowing and understanding what ingredients are being used, the suit relays. Per the case, Truly is among the top three hard seltzer brands nationwide and shares the top of a crowded mountain with White Claw and High Noon Spirits Company. Product labels are key-especially in the hard seltzer game, lawsuit says “As a result of Defendant’s unlawful and deceptive conduct, Plaintiff and members of the Class have been harmed,” the suit says.

Competitors White Claw, Vizzy and Spindrift each understand their duty to consumers, the suit says, and are right in labeling their products with the words “black cherry” or “pineapple” because the hard seltzers actually include the respective fruit juice or fruit juice concentrate.

The lawsuit moreover alleges that Boston Beer Company is well aware of its obligation under federal law to honestly label its Truly products yet has nevertheless chosen not to do so. “Throughout the applicable class period, Defendant has falsely represented the true nature of its hard seltzers, and as a result of this false and misleading labeling, was able to sell these Products to hundreds of thousands of unsuspecting consumers throughout California, New York and the United States,” alleges the case, which was filed in the Southern District of California on August 25. The 42-page lawsuit uses the “Black Cherry” Truly hard seltzer as an example, alleging that although the product is “boldly characterize” as “Black Cherry,” its taste comes not from real black cherries, but instead entirely from synthetic additives described as 'natural flavors.' The complaint contends that by “obfuscating” the fact that Truly does not contain real fruit, defendant Boston Beer Company has deceived buyers given they’re unaware from the hard seltzer’s label that the drink wholly lacks its characterizing flavor ingredient. A proposed class action alleges Truly hard seltzer is falsely and misleadingly labeled in that the drinks do not contain the fruits depicted on the cans but are instead flavored by lab-made ingredients.

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