KLN Consumer Revives ‘Naturally Flavored’ Deception Class Suit

A KLN Enterprises Inc. consumer convinced a federal appeals court to revive a proposed false advertising class suit Friday against the licorice maker over its use of malic acid.

The US Court of Appeals for the Ninth Circuit reversed a lower court’s dismissal and said the consumer adequately met the pleading standards required for claims sounding in fraud.

Plaintiff Mark Trammell sued KLN alleging that its licorice products including those from its “Wiley Wallaby Very Berry Licorice” were labeled as “Naturally Flavored” and “Free of Artificial Colors & Flavors” but contained a DL malic acid, an artificial petroleum substrate.

Trammell ...