Are Your Favorite Foods Being Sold Under Misleading Claims?

When products are advertised and sold a certain way, the assumption is that all claims and statements made are truthful. With established laws governing the scientific and factual basis of all food advertising, the burden has never been on shoppers to establish whether what they’re buying matches what they’re told. Recent cases, however, brought to courts across the country, have highlighted the fact that manufacturers’ claims can sometimes be highly controversial, and the food you buy could well be quite different from your expectations. Claims about healthiness, the conditions of manufacture, and even the quality of ingredients, could well be false.

Consumers should note that official endorsement by the USDA is not guaranteed simply because their shield appears on packaging.

All natural Arizona Iced Tea: Many consumers like to ensure their food is not just healthy, but natural or organic, and for manufacturers these labels have become highly desirable, and big business. Do the claims always stand up to challenges, though? In March 2013 a claim was filed in California against Arizona Iced Tea citing insufficient evidence that the product was, in fact, natural. The arguments came down to the issue of whether the citric acid and high fructose corn syrup could be natural since they had been patented by the company. The judge ruled in Arizona Iced Tea’s favor, but the case highlights that individual ingredients can affect a food’s overall claims.

“Humane” Perdue chickens: With meat and dairy products – or any food that involves the handling and treatment of animals plenty of shoppers are eager to ensure than no unnecessary harm or suffering was caused in the production of the products they buy. Can labels like “humane”, “free range” and “USDA Process Verified” always be trusted, though? Perdue was recently challenged over claims that its “humanely raised” chickens were in fact no different from cage-raised birds used in other products, and also that the prominent location on packages of the USDA label misled consumers about official endorsement and quality of care. Consumers should note that official endorsement by the USDA is not guaranteed simply because their shield appears on packaging.

Trader Joe’s Secret Sugar: Consumers are becoming increasingly aware of the importance of health and of knowing what’s in the food they eat – including accurate sugar content. Trader Joe’s, however, has recently been accused of hiding the amount of sugar in products such as soy milk and yogurt by listing “evaporated cane juice” – also described as “all natural” – when they may in fact contain simply sugar. Accordingly, the firm’s claims that its products have health benefits deriving from all natural ingredients could prove false, and be reasonably assumed to have mislead shoppers keen to support a business which promotes healthy eating.

“Fruity, Healthy” 7UP: Ingredients and written claims are not the only factor used by consumers when choosing products. Packaging – even packaging which suggest claims by association – may well mislead you. Dr. Pepper Snapple Group Inc., the makers of 7UP, have been challenged over the images of fruit and the word ‘antioxidant’ on the drink’s packaging – as neither of these things make up more than a tiny percentage of the drink’s contents. Does the presence of fruit on the drink lead shoppers to assume the drink has meaningful amounts of fruit in? Whatever the case, be aware that pictures and images may well bare little relation to the actual ingredients in products you buy as they do not, technically, constitute a health or contends claim.

The overall message when choosing the goods you buy is positive; laws exist to make sure manufacturers list all ingredients by their common names, and that all health claims are evidence based. At the same time, vigilant consumers do have a part to play, holding manufacturers to account and making sure they’re aware of what they’re buying. Be careful, though, about assumptions – unless something is expressly stated or endorsed, it may be more a case of advertising than fact.