Tag: advertising
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White Chocolate False Ad Suit Filed Against Ghirardelli in Puerto Rico
A consumer has filed a putative class action against Ghirardelli alleging that the company deceptively advertised its white chocolate products as containing chocolate, white chocolate or cocoa butter. Vega-Encarnacion v. Ghirardelli Chocolate Co., No. 15-1821 (D.P.R., filed June 16, 2015). Three of the products at issue in the complaint were the subjects of an October…
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Inko’s® Tea Contains Unnatural Ascorbic Acid, Proposed Class Action Alleges
A group of plaintiffs has filed a putative class action against Inko’s Tea alleging that the company’s tea products contain ascorbic acid, “a non-natural, highly chemically processed ingredient regularly used as a preservative,” despite advertising the products as “100% Natural.” Collazo v. Inko’s Tea, LLC, No. 15-3070 (E.D.N.Y., filed June 8, 2015). Inko’s has consistently…
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ECJ Rules in Labeling Case Challenging German Tea Product
The European Court of Justice (ECJ) has found that a correct and complete list of ingredients can be part of an overall misleading food label in a case challenging a German tea company’s “Felix Raspberry and Vanilla Adventure” (“Felix Himbeer-Vanille Abenteuer”) product for having no flavorings derived from raspberries or vanilla. Bundesverband der Verbraucherzentralen und Verbraucherverbände…
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California Municipal Lawmakers Continue to Target Soft Drink Consumption
The San Francisco Board of Supervisors has unanimously passed three proposals aimed at reducing the consumption of sugar-sweetened beverages (SSBs) in the San Francisco Bay Area. The first, legislation introduced by Supervisor Scott Wiener, would mandate warnings on most billboards and advertisements for SSBs with 25 or more calories. Text of the warning would read:…
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Government Agencies Should Define “Natural” to Avoid Inconsistent Court Decisions, Professor Argues
In a recent journal article, a Babson College marketing law professor discusses legal disputes over the labeling of food as “natural,” noting drawbacks of using courts as public policy developers on the issue. Ross D. Petty, “‘Natural’ Claims in Food Advertising: Policy Implications of Filling the Regulatory Void with Consumer Class Action Lawsuits,” Journal of Public…
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RWJF Study: Industry Takes “Baby Steps” in Curtailing Food Marketing to Children
A study funded by the Robert Wood Johnson Foundation’s Healthy Eating Research Program claims that a decrease in TV food advertisements directed to children is “likely related to a shift in marketing tactics” as advertisers “migrate to new media such as Internet-based advergames and social media.” Dale Kunkel, et al., “Evaluating Industry Self-Regulation of Food Marketing…
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Red Bull False Advertising Settlement Approved
A New York federal court has reportedly approved an agreement between Red Bull GmbH and a class of consumers, settling allegations that Red Bull falsely advertised its product as providing more benefit than coffee provides. Careathers v. Red Bull N. Am. Inc., No. 13-0369 (S.D.N.Y., order entered May 1, 2015); Wolf v. Red Bull GmbH,…
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ASA Dismisses Complaint Against Guinness’ Tweet*
The U.K. Advertising Standard Authority (ASA) has dismissed a complaint alleging that a message on Diageo Great Britain Ltd.’s Guinness® Twitter feed “implied that someone’s week would be improved by drinking alcohol.” Filed by Alcohol Concern, the complaint dubbed a tweet appearing on @GuinnessGB “irresponsible” for featuring a photograph of the iconic brewery’s gates with…