Talking Rain Beverage Co. Must Keep Defending Drink Label Suit

Talking Rain Beverage Co. won’t get an early exit from a proposed class suit alleging it deceptively touts its Sparkling Ice drinks as “naturally flavored.”

Jessica Augustine and Terri Garfinkel alleged the beverages contain an undisclosed artificial flavor, d-1-malic acid, violating food labeling regulations.

Malic acid can make food and beverage products taste like tangy, fresh fruit. It comes in natural and synthetic forms.

The plaintiffs plausibly alleged that testing showed the Talking Rain beverages contain the synthetic type, not the form of malic acid that occurs naturally in some fruits and vegetables, the U.S. District Court for the Southern ...