General Mills Denied Early Out From Fruit Snack False Ad Lawsuit

General Mills Inc. lost its bid to quickly exit a lawsuit over “no artificial flavors” representations on fruit roll-ups and similar snacks, as an Illinois federal court said it’s not clear the challenged synthetic ingredient functions as a flavor.

David Hayes alleges General Mills hides the presence of artificial malic acid in “Fruit by the Foot,” “Gushers,” and “Fruit Roll-ups,” violating federal regulations requiring the disclosure of artificial flavors and giving rise to his consumer deception claims under Illinois law.

Food and Drug Administration regulations recognize that malic acid can have different functions, including as a flavor, a flavor enhancer, ...