Our Los Angeles client’s nationally distributed product labeling states, “No Artificial Colors or Flavors,” — — a key element in its marketing collateral. The client received a class action demand letter stating the marketing claim was false because the product contains ascorbic acid. We wrote to plaintiff’s attorney educating him that ascorbic acid is not a flavoring as a matter of federal regulation. We further pointed out that our client was using ascorbic acid as a nutrient — — a source of vitamin C — — as authorized by FDA. Plaintiff abandoned its case without the payment of any settlement money.
