Can A Disclosure On The Back Of The Package Save A Claim On The Front?

We’ve posted about cases in which courts have ruled that a disclosure on the back panel of a package can’t save a misleading claim on the front panel. As the court in an earlier case put it: “You cannot take away in the back fine print what you gave on the front in large conspicuous print.” A recent decision involving Barilla’s long-running (and since retired) “Italy’s #1 Brand of Pasta” slogan shows the other side of that rule. 

Two California shoppers brought a class action against Barilla over its slogan, which appeared on the front of pasta boxes, flanked by the colors of the Italian flag. They said the label made them believe the pasta was made in Italy from Italian ingredients and bought it because of that. Apparently, they didn’t pay attention to a disclosure on the side of the boxes stating that the pasta was “Made in the U.S.A. with U.S.A. and imported ingredients.”