02 Dec, 2024 When Should Consumers Review the Back of the Label in Order to Understand the Front? By Jeff Greenbaum Del Monte Foods sells packaged fruit cups that have the phrase “fruit naturals” on them. A consumer sued, alleging that the use the word...
01 Dec, 2023 Trash Talking Your Competitors: How Far Can You Go? By Terri Seligman Two recent cases explore trash talk, more formally known in the ad law world as “denigration.” When it’s okay and when it falsely...
29 Jul, 2023 Court Allows Action Against Fruit Cup-Maker’s “Natural” Claims to Proceed By Ariel Radow Earlier this week, a California district judge allowed claims to proceed against Del Monte Foods, Inc. for the use of the phrase...
16 Feb, 2023 Court Dismisses Class Action Over Fanta’s “100% Natural” Labeling By Ariel Radow Don’t you wanna, wanna another false advertising suit involving a “100% natural” claim? Last week, a New York federal court dismissed a...
06 Jan, 2023 Target’s “Natural Flavor” Fruit Punch Product Not Deceptive, Court Says By Ariel Radow Should a reasonable consumer believe that a “natural flavor”-labeled fruit punch water enhancer is free from artificial flavors? Not...
20 Nov, 2022 Consumers Want Tom’s to Freshen Up its "Natural" Toothpaste Claims By Ariel Radow This week, Tom’s of Maine Inc. was hit with a proposed class action in Illinois state court alleging that its “natural” toothpaste claims...
27 Sep, 2021 The Difficulty of Substantiating Social Responsibility Claims By Terri Seligman In preparation for my upcoming talk about social responsibility advertising at NAD’s 2021 National Conference, I’ve been watching...
28 Jul, 2021 Are "Cheddar & Sour Cream Flavored" Chips Naturally Flavored? By Jeff Greenbaum Wise Foods sells a variety of flavors of potato chips, including "cheddar & sour cream flavored" ones. By promoting its chips as being...
04 Jan, 2021 Does "Fresh Regional Ingredients" Mean That the Dog Food Only Contains Fresh Ingredients That Were Sourced Locally? By Jeff Greenbaum Champion Petfoods makes the Orijen and Acana brands of pet food, which are premium products that the company says will help you ensure...
27 Feb, 2020 Is "Pure" Honey Held to a Higher Standard than "Natural" Dog Food? By Craig Whitney Ok, so now I'm confused. Just recently, we discussed the dismissal of a putative class action where advertising dog food as "natural,"...
24 Feb, 2020 "Natural" Claims Evaluated Through a Reasonable Consumer's Eyes, Naturally By Craig Whitney There are no shortage of consumer class action false advertising cases over the use of word "natural." It doesn't matter whether you...
22 Nov, 2019 Does "Naturally Soothing" Mean That the Product is "All Natural"? By Jeff Greenbaum Ricola advertises that its cough drops provide "Naturally Soothing Relief That Lasts." Does that mean that all of the ingredients in the...
06 May, 2019 Et Tu Utz? "Natural" Potato Chips No More By Terri Seligman I confess that I have a weakness for potato chips. Admit it: you do too. I don’t know about you, but I also confess that I don’t pay a...
24 Apr, 2019 Can "Natural" Products Have Trace Amounts of Non-Natural Ingredients? By Jeff Greenbaum Ainsworth Pet Nutrition markets a line of "natural" pet foods under the brand name Rachel Ray Nutrish. The plaintiff sued Ainsworth for...
11 Apr, 2019 Preemption and Lack of Standing Bar Lawsuit Over the Use of "Natural" By Jeff Greenbaum A recent lawsuit about the name of Hormel's "Natural Choice" meat products provides some interesting guidance on two important...
12 Dec, 2018 Can You Call Your Product "Natural" if it Includes Chemicals? (Spoiler Alert -- Sometimes, Yes) By Jeff Greenbaum What does it mean to consumers when you've got "natural" in your product name? Can the product still include trace amounts of chemicals?...