Bai Antioxidant Infusion Drink False Ad Suit Dismissed

Dr Pepper Snapple Group Inc., its unit Bai Brands LLC, and a California consumer have agreed to dismiss a suit alleging that Bai Antioxidant Infusion Drinks were deceptively marketed as “natural,” according to a filing in federal court in California.

Kevin Branca alleged the drinks are labeled “natural” but lack a required disclosure that they contain an artificial flavor—a synthetic form of malic acid.

Bai Brands maintained the malic acid functions as an acid control agent, not a flavor, so there’s no regulatory violation.

The parties stipulated to dismiss the proposed class suit with prejudice, with each side bearing its ...