LaCroix Sparkling Water Deceptively Labeled ‘Natural,’ Suit Says

National Beverage Corp.'s LaCroix sparkling water is deceptively labeled “all natural” even though it contains synthetic flavoring ingredients, a new proposed class suit says.

LaCroix’s marketing targets health-conscious consumers looking to avoid high-sugar drinks, the suit filed Jan. 29 in the U.S. District Court for the Southern District of New York alleges.

LaCroix Products are sold at major retail stores such as Walmart, Target, and Walgreens, the complaint says.

A University of Georgia study found various LaCroix flavors were made of between 36 percent and 98 percent synthetic ingredients, the complaint alleges.

The suit joins a host of others targeting pet food, household cleaners, and other products as “natural” when they contain synthetic or artificial ingredients.

National Beverage wasn’t immediately available to comment on the suit.

Sparkling water sales in the U.S. have grown by more than $1.4 billion over the past five years, while soda sales in the U.S. have declined by more than $1.2 billion, the complaint says, citing National Beverage’s annual report.

New Yorkers Adenike Graham and Kimberly McNulty allege they overpaid for the sparkling water. They seek to represent a class of New York purchasers, raising claims under New York’s consumer protection law as well as breach of contract and warranty claims.

Many ingredients in consumer products may be either natural or synthetic substances, the complaint says. Sophisticated testing has been developed to distinguish between them, it says.

National Beverage is also facing a suit in the Northern District of Illinois that challenges “natural” marketing.

In a November 2018 filing in that suit, the company denied that LaCroix products contain artificial or synthetic ingredients. Testing by an independent third party laboratory under the standards of the American Society for Testing and Materials, conclusively demonstrates that no traces of artificial or synthetic ingredients are part of LaCroix products, the company said.

Simmons Hanly Conroy LLC; Barbat, Mansour & Sucui PLLC; and Brusca Law, PLLC represent the New York plaintiffs.

The case is Graham v. Nat’l Beverage Corp., S.D.N.Y., No. 19-873, complaint 1/29/19.