Trade publications and plaintiff-side litigation trackers show a sharp rise in citric acid labeling suits against food manufacturers. Experienced food-law counsel monitor industry press, docket filings, and demand letters to anticipate risk trends, and citric acid litigation has become increasingly relevant. This series explains how to defend a citric acid lawsuit and how to reduce exposure before litigation begins.
Characterizing Flavor: Simple Purpose, Complex Risks
Citric acid lawsuits are based on 21 CFR 101.22, which is the “characterizing flavor rule”. This is the rule that gives products the phrases “naturally flavored” or “artificially flavored”. Most consumers know these phrases without necessarily understanding the bigger rule – simply because they shop. Food manufacturing professionals must develop a deeper understanding of the rule in order to mitigate risks to their business. The rule requires manufacturers to make front-of-pack disclosure statements on food products with a characterizing flavor, such as “lemon-flavored” or “apple-cinnamon-spiced”.
Essentially, a citric acid plaintiff’s firms stretch the rule to claim any product with citric acid must say “artificially flavored” on the front-of-the pack in order to comply with the rule. Virtually all of the citric acids sold as commercial ingredients are artificially sourced. Citric acid is not a “flavor” under the natural-flavor definition [CITATION], but it may shape taste if present above certain amounts. Plaintiff’s firms use that nuance to plead misbranding against food manufacturers, creating class action lawsuits alleging fraud and misbranding by the manufacturer.
This series gives food business leaders a deeper understanding of the rule so they can defend a citric acid lawsuit. This series will cover the following topics:
- Understanding how the rule really works and where citric acid fits into 21 CFR 101.22;
- Potential defenses to claims and how to assert them;
- How to pick fights carefully and economically, and identify which lawsuits need to be defended;
- Settlement strategies, including when it is appropriate as a loss mitigation strategy;
- How to shape product labeling and supplier agreements to avoid becoming a target altogether.
If your company has been served with a complaint or demand letter for a characterizing flavor lawsuit involving citric acid, click below to speak with one of our attorneys:
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