Licorice Maker KLN Defeats ‘Naturally Flavored’ Deception Suit

KLN Enterprises Inc. defeated a proposed class action alleging the company’s Wiley Wallaby Very Berry Licorice was deceptively advertised as “naturally flavored” because it contains malic acid.

Though Mark Trammell, the named plaintiff, alleged the form of malic acid in the candies was artificial, such a conclusory allegation isn’t sufficient to sustain his claims, the US District Court for the Southern District of California said in an order entered Sept. 13.

Trammell alleged the licorice’s packaging misrepresented that the product was free of artificial colors and flavors because it contained artificial malic acid that worked as a flavor.

The candy’s ...