A California resident has filed a putative class action in federal court against the Jamba Juice Co., alleging that it falsely advertises its fruit smoothie kits as “All Natural,” when they actually contain “unnaturally processed, synthetic and/or non-natural ingredients,” such as ascorbic acid, citric acid, xanthan gum, and steviol glycosides. Anderson v. Jamba Juice Co., No. 12-1213 (N.D. Cal., filed March 12, 2012). Plaintiff Kevin Anderson brings the action in federal court under the Class Action Fairness Act, claiming that the damages will exceed $5 million and that the class includes more than 100 individuals who have citizenship diverse from that of the defendant. Anderson alleges that he and a nationwide class of consumers “did not receive the benefit of their bargain when they purchased the smoothie kits. They paid money for a product that is not what it claims to be.” Contending that the defendant “is a leading healthy…
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Scottish Health Minister Michael Matheson has reportedly written to U.K. Health Secretary Andrew Lansley, urging him to support a ban on all TV advertising for foods high in fat, sugar and salt (HFSS) before the 9 p.m. watershed. According to media sources, Matheson cited OfCom studies allegedly indicating that, while children’s broadcasting adheres to strict advertising restrictions, young viewers were still seeing ads for HFSS foods during programs intended for older audiences such as talent shows. “Broadcast advertising influences the choices made by children and can shape their attitudes to food as they grow into adulthood,” Matheson was quoted as saying. “Tackling obesity and encouraging people to make healthier life choices is one of the most important things we can do to improve the health of our nation.” Although the initiative has since been lauded by groups like the National Heart Forum and British Medical Association, it has also drawn…
A marketing company that bills itself as a “champion of authentic green marketing” and crusades against product “greenwashing” claims has launched a new website on which the health-related claims of food and fitness products can be rated. EnviroMedia Social Marketing created the online tool to expose “exaggerated or misleading health claims through advertising, marketing or packaging,” a practice it has dubbed “leanwashing.” When visited on March 15, 2012, the website, which uses a 1-5 rating scale with 1 corresponding to “authentic” ad claims and 5 corresponding to “bogus” product representations, listed a number of sugary cereal products at the high end of the scale and products such as POM Wonderful 100% Pomegranate juice on the low end. Children’s products are rated using a separate set of criteria. Consumers are urged to post and rate ads on the site. See BusinessWire, March 13, 2012.
The U.K.’s Advertising Standards Authority (ASA) has determined that a series of tweets from Rio Ferdinand and Katie Price that culminated in messages specifically referencing and showing a photo of these personalities with Snickers® bars did not violate the U.K. Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (Code). The initial tweets did not contain any indication that they were sponsored by Mars Chocolate UK Ltd. The final tweets, with the Snickers® content, included “#spon” to indicate they were sponsored and the “strap line ‘you’re not you when you’re hungry.’” According to Mars, the strap line was intended to tie into the earlier tweets, “because their content would not usually be associated with the celebrity tweeters.” The company also indicated that it believed only the final tweets were marketing communications and that the earlier tweets did not require identification as marketing communications. In the alternative, the company explained that “the…
The U.K.’s Advertising Standards Authority (ASA) has censured Kellogg Marketing and Sales Co. (UK), Ltd. for falsely claiming on its website, in relation to promotions for children’s breakfast cereals, that “A panel of world health experts recently reviewed all the scientific evidence and concluded that a high sugar intake is not related to obesity, or the development of diseases such as heart disease, diabetes, high blood pressure or cancer.” ASA acknowledged that Kellogg’s had based the claim on “credible scientific evidence and review,” but noted that the company’s wording, without qualifiers, did not account for contrary evidence and “implied there was absolute certainty about the claims being made,” which is not the case. Because Kellogg’s had “referred in particular to a high sugar intake,” ASA concluded that the claim was misleading given the number of authoritative government cautions about limiting the quantity of sugary foods consumed. The company apparently assured…
The U.N. Special Rapporteur on the Right to Food Olivier De Schutter recently presented a report before the U.N. Human Rights Council, calling for governments to enact five priority actions to curb malnourishment, micronutrient deficiency and obesity in populations worldwide. In particular, De Schutter has urged policy makers to consider (i) “taxing unhealthy products”; (ii) “regulating foods high in saturated fats, salt and sugar”; (iii) “cracking down on junk food advertising”; (iv) “overhauling misguided agricultural subsidies that can make certain ingredients cheaper than others”; and (v) “supporting local food production so that consumers have access to healthy, fresh and nutritious foods.” According to a March 6, 2012, press release, the independent expert told the council that in 2010 “U.S. companies spent $8.5 billion advertising food, candy and non-alcoholic beverages, while $44 million was budgeted for the U.S. government’s primary standing healthy eating program.” He also reportedly pointed to “the abundance…
In an article titled “Government Can Regulate Food Advertising to Children Because Cognitive Research Shows That It Is Inherently Misleading,” two attorneys and a communications professor assert that the First Amendment is no bar to the regulation of “junk food” ads targeting children younger than 12 because they lack the ability to understand the advertisers’ intent. Because children are unable to effectively comprehend advertising, according to the authors, any commercial messages directed toward them are “inevitably misleading.” The research and article were supported in part by a Robert Wood Johnson Foundation grant. The article first cites research about the amount of time children spend watching TV as well as “more than sixty published studies” purportedly linking TV exposure and obesity. It also discusses the numbers of “low-nutrient, calorie-dense” products advertised to children daily on TV and notes that the most heavily advertised food brands are also promoted online through advergames…
According to news sources, a state court has ordered dairy farmers on the California Milk Advisory Board to answer questions about marketing the dairy industry in California. The order was reportedly entered in a lawsuit filed in June 2011 by People for the Ethical Treatment of Animals (PETA) alleging that the board’s “Happy Cow” ads deceive the public by representing that California dairy products come from cows that are “happy,” humanely treated, healthy, and comfortable. According to the animal rights’ organization, the board lacks the evidence to substantiate the ad campaign. The court also apparently denied PETA’s motion to subpoena confidential dairy-producer records relating to animal-welfare practices. The litigation is currently in discovery, and the next hearing has reportedly been scheduled for May 25, 2012. See Capital Press, February 9, 2012; Merced Sun-Star, February 16, 2012.
A Georgia resident has filed a complaint in federal court on behalf of a statewide class of consumers allegedly misled about the purported health benefits of POM Wonderful’s pomegranate products. Templeton v. POM Wonderful, LLC, No. 12-53 (S.D. Ga., filed February 16, 2012). According to the complaint, the company promotes its products “as having special health benefits, including but not limited to, the prevention[,] mitigation, and/or treatment of the following: (a) Atherosclerosis; (b) Blood Flow/Pressure; (c) Prostate Cancer, (d) Erectile Function; (e) Cardiovascular Disease; (f) Reduce LDL Cholesterol; (g) and other age-related medical conditions.” Citing investigations by the National Advertising Division of the Council of Better Business Bureaus, the U.K.’s Advertising Standards Authority, U.S. Food and Drug Administration, and U.S. Federal Trade Commission, the plaintiff claims that these promotions are not substantiated by medical evidence. Alleging violations of the Georgia Uniform Deceptive Trade Practices Act and unjust enrichment, the plaintiff…
In an article supported, in part, by the Robert Wood Johnson Foundation, authors Jennifer Harris and Samantha Graff suggest that the findings of psychological research about the subliminal effects of food advertising on young people should be considered when advertisers defend their practices by invoking the First Amendment’s commercial speech doctrine. Harris, who is affiliated with Yale University’s Rudd Center for Food Policy, and Graff, with Public Health Law & Policy in Oakland, California, contend that U.S. Supreme Court First Amendment jurisprudence is premised on the understanding that consumers use the free flow of commercial information to make logical decisions. “The commercial speech doctrine is built on a rational choice theory of behavior,” they claim. But because advertisers often resort to newer forms of advertising using “implicit messages” intended to “covertly” influence behavior and because young people are purportedly unable to resist food advertising or consider the content rationally, the…
