Lawsuit claims Harris Teeter used artificial flavoring in snacks labeled ‘naturally flavored’

MATTHEWS, N.C. — A class action lawsuit alleges North Carolina-based grocery store Harris Teeter “deceptively labeled” cereal bars as “naturally flavored with other natural flavors,” while using artificial flavoring.

According to a lawsuit filed by a mother from Wake Forest, Harris Teeter used flavoring derived from a “petroleum substrate” called DL malic acid in its cereal bars.

“DL malic acid is manufactured in petrochemical plants from benzene or butane — components of gasoline and lighter fluid, respectively — through a series of chemical reactions, some of which involve highly toxic chemical precursors and byproducts,” the lawsuit alleges.

Ellen Zwilling filed the lawsuit in court against the Matthews-based grocery store, and says the facts of her case are not just her opinion. Her attorneys sent the cereal bars to a lab to be tested. The chemistry of the case is intricate -- there is a form of naturally occurring malic acid, but according to Zwilling’s attorney’s lab report, the malic acid in Harris Teeter’s cereal bars is not that.

Artificial flavoring allows companies to replicate natural flavors and even adjust “flavor notes,” according to the lawsuit. Artificial flavors are legally allowed to be used in foods, but there are requirements that manufacturers are supposed to follow.

“In cases where the flavor contains both a natural flavor and an artificial flavor, the flavor shall be so labeled, e.g., ‘natural and artificial strawberry flavor,’” according to federal regulations.

As customers decide to eat more natural foods, manufacturers have adjusted to meet the growing demand. In many cases using artificial flavoring is less expensive for producers meaning all-natural products often command a higher price.

“Because of its deceptive and false labeling statements, defendant was enabled to charge plaintiff a premium for the products relative to key competitors’ products, or relative to the average price charged in the marketplace,” the lawsuit alleges.

That’s why Zwilling brought the lawsuit. She claims Harris Teeter capitalized on the ‘all natural’ branding and violated laws like the N.C. Unfair and Deceptive Trade Practices Act.

Zwilling’s attorney filed the case in federal court of the Western District of North Carolina. As of Oct. 21, Harris Teeter has not yet filed any response with the court.

Channel 9 reached out to Harris Teeter after the lawsuit was filed. The company said on Monday they had no comment on the pending litigation.

We’ll update this article with more information when available.

(VIDEO: DMV rolls out new kiosks at Harris Teeter stores across North Carolina)

DMV rolls out new kiosks at Harris Teeter stores across North Carolina

©2024 Cox Media Group