| The Prevention Institute, a nonprofit health advocacy | | | | consumer into make a purchasing decision. I did a little |
| group out of California, studied 37 heavily marketed | | | | investigation before writing this article and was |
| foods with pictures of fruit on the packaging. Fifty-one | | | | shocked by the number of product manufacturers that |
| percent of the products contained absolutely no fruit, a | | | | have been sued for false advertising claims. This is a |
| few had minimal amounts! Yikes, you have to be | | | | huge expense to defend the claims or pay to settle |
| vigilant on all of these fruit claims. Just take a stroll | | | | one that we consumers pay for in the product price. |
| down the fruit juice isle and try to figure out which | | | | From cold sore treatments to orange juice, they all |
| product is real 100% juice. | | | | have been sued for making unsubstantiated claims on |
| We all have had that experience of buying something | | | | their product packaging. Things as simple as this |
| based up its package or label and then find out what is | | | | lawsuit against cereal packaging claims was aimed at |
| inside is not what we expected. I know it's wishful | | | | food companies including Kraft Foods, General Mills |
| thinking that we can believe all those fantastic | | | | and Kellogg alleging that "low sugar" breakfast cereals |
| marketing claims (a lot of people do as evidenced by | | | | are leading the customer astray. |
| the product's popularity). Think get thin quickly, eliminate | | | | The suit claims that these cereals are misleading |
| wrinkles in 10 days and, the new favorites, protect your | | | | because they are not any healthier than cereals with |
| heart or lower your cholesterol. The last example is a | | | | regular levels of sugar. The food industry, in general, is |
| tribute to the fact that marketers are finally talking | | | | coming under increasing pressure from food lobby |
| advantage of marketing to an aging population. | | | | groups and parents, to "clean up its act" and offer |
| Consider the recent flurry of activity regarding | | | | healthier alternatives to help combat the obesity |
| misleading claims on trans-fats. Companies are taking | | | | epidemic facing America. Sugary cereals are |
| this seriously and changing their claims. I have learned | | | | frequently cited by these groups as guilty culprits, |
| this: > ICK, no wonder they are making changes. | | | | encouraging children to eat empty calories instead of |
| People are concerned with what we perceive to be | | | | nutritional whole foods. |
| "healthy" as listed on the package's ingredients | | | | No product packaging is immune. Consider these "hot" |
| statements and then find out that it is misleading or | | | | buttons currently being scrutinized if you manufacture |
| false. Some claims (even though they are within the | | | | products that make claims on any of the following |
| context of the law) can lead consumers astray by | | | | attributes:o Weight loss claims to reduce or lose |
| giving foods an undeserved "aura of health." | | | | weight in a specified manner or period of time;o |
| Here is the definition for false advertising which | | | | Healthy choice claims which imply or state benefits to |
| includes packaged goods: | | | | a consumer from consuming;o Organic or natural food |
| False Advertising -"Any advertising or promotion that | | | | claims that indicate the product is uncontaminated or |
| misrepresents the nature, characteristics, qualities or | | | | pure from chemicals and additives;o Nutrition claims |
| geographic origin of goods, services or commercial | | | | such as rich in vitamin C that can not be proven or the |
| activities" (Lanham Act, 15 U.S.C.A. § 1125(a)). So | | | | alleged benefits proven. |
| think about that when you are developing your product | | | | This is just a start. Look for proof of environmentally |
| packaging. Can your claims be substantiated or are | | | | friendly packaging and materials to be in the next |
| you "stretching" the truth, as in the case of fruit | | | | wave of packaging being heavily scrutinized. Is it really |
| pictured on the outside but not actually inside? | | | | "green" or just "greenwash?" |
| I found lots of great information on how to read and | | | | You can't stop the lawsuits and media spin; however, |
| UNDERSTAND a packaging label. WOW, it is | | | | you can ensure you do your best to prove to the |
| confusing even to a seasoned professional. It is almost | | | | consumer that what is on the outside of the packaging |
| as if they are deliberately (ha, ha) confusing the | | | | is also what is inside. |