Description: False Advertising Update is written by the Proskauer False Advertising and Trademark Attorneys and offers updates on advertising & trademark issues.
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Judge Richard Seeborg of the Northern District of California recently dismissed a putative class action alleging that Sprout Foods’s nutritional claims on its baby and toddler food labels misled consumers into believing that the products provide physical health benefits. In their complaint, plaintiffs alleged that the products are “harmful both nutritionally and developmentally” due to allegedly high levels of free sugars. In rejecting these claims, the Court found that plaintiffs’ allegations were based o
Pointing to statements such as “3g of Protein, 4g of Fiber and 300mg Omega-3 from Chia ALA” and other “nutrient content claims”, plaintiffs alleged that the products’ advertising communicate health benefits for developing children. Using this interpretation as a springboard, Plaintiffs alleged that the products’ advertising is false and misleading because the products contain high amounts of free sugars and are stored in pouches, which plaintiffs allege may be harmful to developing children.
In dismissing these claims, the Court found that plaintiffs failed to describe “at what point ‘high’ sugar content crosses into harmful levels (or even why, in particular, these sugar levels are harmful).” And for their allegations that pouched food may be unhealthy, plaintiffs relied on speculative research findings – for example, that pouches “ may lead to long term health risks” or may be harmful if overly relied on by parents. Plaintiffs also did not allege why the purported risks outweighed any potenti
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