17.  Defendant manufactures, distributes, and sells a variety of sweet and tart  flavored candies under the brand name, “SweeTARTS” (the “Products”).   18.  The Products all contain artificial flavors but Defendant does not disclose this  to consumers; they label and advertise the Products as if they were only naturally-flavored.   88.  Plaintiff brings this action on behalf of herself and all others similarly situated  (the “Class”) pursuant to Federal Rule of Civil Procedure 23.   89.  The Class is defined as follows:   All California citizens who purchased the Products in  California on or after January 1, 2012 until the date notice  to the Class is disseminated in this action, excluding  Defendant and Defendant’s officers, directors, employees,  agents and affiliates, and the Court and its staff.   90.  During the Class Period, the Products unlawfully contained the undisclosed  artificial flavors d-malic acid or d-l malic acid and were otherwise improperly labeled as  alleged herein. Defendant failed to label the Products as required by California law and  the Class was damaged as described herein.   91.  The proposed Class meets all criteria for a class action, including numerosity,  typicality, superiority, and adequacy of representation.   92.  The proposed Class satisfies numerosity. The Products are offered for sale at  over a thousand supermarkets in California; the Class numbers at a minimum in the tens  of hundreds or thousands. Individual joinder of the Class members in this action is  impractical. Addressing the Class members’ claims through this class action will benefit  Class members, the parties, and the courts.   A. Defendant Does Not Disclose That the Products Contain Artificial Flavors.   A.   Defendant Does Not Disclose That the Products Contain Artificial  Flavors. ............................................................................................... 3  B.  Defendant’s Competitors Label Their Products Lawfully. .................. 9  C.  Plaintiff’s Purchases of the Misbranded Products ............................... 9  V.  VII. CAUSES OF ACTION ............................................................................... 15  FRAUD BY OMISSION ............................................................................ 15  NEGLIGENT MISREPRESENTATION .................................................... 15 