Consumers today are more health-conscious than ever. Grocery store shelves are lined with products proudly claiming “No Preservatives,” “No Artificial Preservatives,” and “No Artificial Flavors.” These phrases are designed to reassure shoppers that what they’re buying is wholesome, natural, and safe for themselves and their families. But are those claims always true?
At Malk & Pogo Law Group, LLP, we are committed to holding corporations accountable when their marketing practices mislead consumers. Our recent class action against the makers of Snak Club “No Preservatives” Tajin Chili & Lime snacks illustrates how one common ingredient, citric acid, is at the center of deceptive labeling practices that harm consumers and give companies an unfair advantage over honest competitors.
In this article, we explain:
- What citric acid is and how it functions.
- Why it qualifies as a preservative under FDA and USDA definitions.
- The difference between naturally occurring citric acid and manufactured citric acid (MCA) used in processed foods.
- Potential health concerns tied to manufactured citric acid.
- How consumers are misled by “No Preservatives,” “No Artificial Preservatives,” and “No Artificial Flavors” claims.
- Why legal action is essential to protect consumers’ rights.
What Is Citric Acid?
Citric acid is a weak organic acid naturally found in citrus fruits like lemons, limes, and oranges. In its natural state, it gives fruits their tart taste and is perfectly safe to consume. However, the citric acid used in the vast majority of packaged foods today is not squeezed from fresh lemons. Instead, it is a manufactured product, mass-produced through industrial processes that are anything but “natural.”
Since 1919, nearly all commercial citric acid has been manufactured by fermenting sugar with a type of black mold called Aspergillus niger. Chemical solvents are then used to extract the acid, leaving behind potential residues and impurities. The result is a synthetic food additive that may not resemble its natural counterpart.
Citric Acid Is a Preservative by Definition
One of the central issues in our lawsuit is that companies market their products as “No Preservatives” while still listing citric acid among the ingredients. To the average shopper, this looks like a contradiction.
The Food and Drug Administration (FDA) clearly defines a preservative as: “Any chemical that, when added to food, tends to prevent or retard deterioration thereof.”
By this definition, citric acid is undeniably a preservative. It lowers the pH level in foods, making the environment hostile for bacteria, mold, yeast, and other organisms that cause spoilage. That’s why it is so widely used, it keeps packaged products fresher for longer.
The FDA, USDA, and even scientific publications all recognize citric acid as a preservative. It is listed alongside other well-known preservatives like BHA, BHT, and sodium propionate. Even the Encyclopedia Britannica classifies citric acid as a preservative due to its antioxidant properties.
When companies use citric acid in products yet still claim “No Preservatives,” they are misleading consumers.
Manufactured Citric Acid (MCA): Not the Same as Natural
There’s an important distinction between naturally occurring citric acid in fruit and the manufactured citric acid (MCA) used in most processed foods.
- Natural citric acid comes from fruits.
- Manufactured citric acid comes from mold fermentation and chemical extraction.
Studies show that MCA can contain residues of the industrial solvents used in its production. The mold itself, Aspergillus niger, is a known allergen. Researchers have raised concerns that fragments or impurities from this process may trigger inflammatory responses in some individuals. Reported side effects include joint pain, muscle pain, stomach discomfort, and even shortness of breath.
This raises a critical point: when companies promote their products as free from preservatives and artificial ingredients, yet rely on MCA, they are not being transparent with consumers.
Why “No Preservatives” and “No Artificial Flavors” Claims Are Misleading
Consumers pay a premium for foods marketed as natural, wholesome, and free from additives. Companies know this and exploit it.
Research shows:
- Only about 7–11% of consumers even look at the ingredient lists on the back of packaging.
- Most shoppers spend under 13 seconds making a decision at the grocery store.
- The front label, where “No Preservatives” and “No Artificial Flavors” claims appear, drives purchasing decisions.
When citric acid is used, yet the product is advertised as preservative-free, consumers are tricked into paying more for something that doesn’t match their expectations.
This harms not only consumers but also companies that actually do produce preservative-free products. Those businesses are forced to compete with misleadingly labeled alternatives.
Citric Acid and Legal Precedents
The FDA has already addressed this issue in multiple warning letters. For example:
- In 2001, the FDA told Hirzel Canning Company that it could not market its tomato products as “All Natural” because they contained synthetic citric acid.
- That same year, Oak Tree Dairy Farm received a similar letter for its iced tea and lemonade products.
In both cases, the FDA made clear that synthetic citric acid cannot be used in a product labeled as “All Natural” or preservative-free.
The Health Concerns You Need to Know
While citric acid is generally recognized as safe, the manufactured form carries additional concerns:
- Allergenic potential: Aspergillus niger is a known allergen, and its byproducts may cause reactions in sensitive individuals.
- Inflammatory response: Studies suggest MCA may contribute to inflammatory conditions, especially in people predisposed to autoimmune issues.
- Chemical residues: The industrial solvents used in production may leave trace impurities.
Consumers have the right to know whether the citric acid in their food comes from natural fruit or from synthetic mold-based fermentation. Unfortunately, labels rarely make this distinction.
Why Legal Action Matters
At Malk & Pogo, we filed this class action because deceptive labeling must be challenged. Our goals are to:
- Hold companies accountable for misleading advertising.
- Secure financial recovery for consumers who overpaid for falsely marketed products.
- Force changes in labeling practices so that when a product says “No Preservatives,” it truly means no preservatives.
- Protect honest businesses that play by the rules and don’t mislead the public.
Deceptive labeling isn’t just a technical violation, it’s a matter of consumer trust, public health, and fair competition.
What Consumers Can Do
Until the law catches up with these deceptive practices, here are steps you can take:
- Read beyond the front label. Check ingredient lists carefully, even though companies count on you not doing so.
- Be cautious with citric acid. Remember that it is almost always manufactured, not squeezed from fruit.
- Support truly transparent brands. Companies that avoid misleading claims deserve your trust.
- Know your rights. If you purchased products labeled as “No Preservatives” that contain citric acid, you may be entitled to remedies through ongoing litigation.
Why This Matters
Citric acid is everywhere in packaged foods. While it plays an important role as a preservative, its widespread use has allowed companies to hide behind marketing buzzwords like “No Preservatives” and “No Artificial Flavors.”
This deception hurts consumers twice: first by charging them a premium for something they didn’t actually get, and second by undermining their trust in food labeling. At Malk & Pogo Law Group, we are proud to fight on behalf of consumers misled by these practices.
If you believe you’ve been affected by misleading food labeling, we encourage you to contact our office. Together, we can hold corporations accountable and push for a marketplace that values truth, fairness, and consumer rights.