- 10 Feb
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.”
- 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.