Connecticut Attorney General (AG) Richard Blumenthal has announced that his office will be investigating “a potentially misleading national food label program that deems mayonnaise, sugar-laden cereals and other nutritionally suspect foods ‘Smart Choices.’” Targeting Hellman’s Real mayonnaise (light and non-light), Breyer’s ice cream, processed cereals, and Lipton beverages bearing the symbol, Blumenthal is seeking information from the organizations administering the program and major food companies that make the products. According to his press release, information sought includes “the consumer research and selection criteria driving the Smart Choice program; the process and fees involved in administering the program; and any payments or developmental role that major food manufacturers might have provided for the program.” Kelly Brownell, director of the Rudd Center for Food Policy and Obesity at Yale, is quoted as saying, “It is very important that consumers have truthful and non-deceptive nutrition information if they are to make informed choices.”

According to a news source, Smart Choices executives and PepsiCo have indicated that they plan to cooperate with the investigation. Among the products Blumenthal is apparently most concerned about are Froot Loops®, Lucky Charms® and Cocoa Puffs® cereals, which are marketed to children. Blumenthal’s investigation could lead to charges that the labeling program violates a state consumer protection law prohibiting false or misleading product claims. See The New York Times and Connecticut AG Office Press Release, October 15, 2009.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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