Facts

Plaintiffs, Renee Young and Joycette Goodwin, consumed Defendant Neurobrands LLC's products for the past three years. Defendant's products include several energy drinks, such as NeuroSONIC, NeuroBLISS, and NeuroPROTEIN. Plaintiffs filed suit against Defendant alleging that its labels and advertisements were false and misleading.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant's products contain a synthetic chemical flavoring called "malic acid." While there is a natural occurring malic acid, defendant did not use this and instead used a synthetic industrial chemical that is manufactured in petrochemical plants from components of gasoline and lighter fluids.
Plaintiff contended that Defendant's labeling and advertising deliberately gives consumers the false impression that their products contain only natural flavors and this deceptive scheme tricks consumers into falsely believing that Defendant's products have no artificial ingredients.

DEFENDANT'S CONTENTIONS: Defendant denied all allegations.

Result

Defendant has agreed to make an effort to reformulate the covered products without using DL-Malic acid. In the event a reformulated product is not feasible either scientifically or commercially, defendant agreed to replace its labeling "no artificial colors or flavors" with "no artificial colors."