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Which food labeling claims put you most at risk of a class action lawsuit?

  • Which food labeling claims put you most at risk of a class action lawsuit?

    For full article written by Elaine Watson click here:

    Think you’re on safe ground if you follow the letter of the Food, Drug, and Cosmetic Act? It’s a good start, said attorneys at a recent webinar, but it won’t stop you getting sued:

    “We’re beyond the days when you can just check for compliance with FDA regulations.”

    Key points:

    • Added sugar: If you add sugar don’t claim the product as ‘Healthy’
    • No added sugar:  Don’t make this claim if it normally wouldn’t have sugar added.
    • Don’t promote ingredients that are in small amounts compared to the rest of the formula.
      For example, ‘vegetable type chips’ that are made primarily potato starch/flour and secondarily various vegetable powders.
    • Fruits and veggies in processed food. “Don’t overstate a product’s health benefits or imply eating
      processed foods is equivalent to eating fresh fruits and vegetable.”
    • Natural claims. We caution every client to not use this word.
    • Sins of omission: Don’t say 100% juice if it contains 0.00005% preservative.
    • Country of origin:  Your words and imagery should match the country of origin.
    • Matching rivals’ claims.  A rival may be making the claim and under attack by a class action lawyer.
    • Longstanding claims.  Send your products to the lab once a year to back up your claims. Low salt, high in potassium, etc.

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