Welch Foods, Inc. is the most recent recipient of a letter from the Center for Science in the Public Interest (CSPI) warning the company that, if not otherwise resolved, the watchdog’s claims that Welch is making deceptive health-benefit representations about its fruit snacks, spreads and juices will be taken to court for injunctive relief. According to the August 14, 2012, letter, the types of matters about which CSPI is most concerned are (i) “Welch Foods claims that its 100% Fruit Juice product line is heart-healthy and may promote overall health”; (ii) “Welch Foods claims that its Fruit Snacks, Fruit Juice Cocktails, Spreads, and 100% Fruit drinks ‘Reward Your Heart’ and are heart-healthy products”; and (ii) “Welch Foods claims that its Fruit Snacks products are nutritious and healthful to consume.”

CSPI contends that, to the contrary, the products contribute to “insulin
resistance and obesity, and may thus promote heart disease and diabetes,”
the claims lack substantiation, and the company’s “Fruit Snacks contain
added sugars and artificial food dyes, lack significant amounts of real fruit,
and contain no dietary fiber.” The letter warns that if Welch fails to respond,
CSPI will initiate litigation seeking a permanent injunction prohibiting the
company from these types of promotions and claims as well as disgorgement
of company profits. CSPI Litigation Director Steve Gardner said, “It takes a
heroic amount of chutzpah to tell consumers that these fruit snack candies
will reward anyone’s heart.” See CSPI News Release, August 14, 2012.

About The Author

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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