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ARTICLE · 07 JANUARY 2019

Are Those "Whole Grain" Crackers Made Only (Or Mostly) With Whole Grain?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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What does it mean when you sell "whole grain" crackers?

United StatesMedia, Telecoms, IT, Entertainment

What does it mean when you sell "whole grain" crackers?  Or when you promote crackers as being "made with whole grain"?  Does it mean that the crackers are made only or predominantly from whole grain -- or does it mean that whole grain is just one of the ingredients in the product? 

That was the issue that the Second Circuit recently considered in Mantikas v. Kellogg.  The plaintiffs alleged that they bought Cheez-It crackers that were labeled as "whole grain" or "made with whole grain."  There was also language on the front of the packaging that described the amount of whole grain per serving that was included.  The plaintiffs argued that the packaging was false and misleading because Cheez-It crackers are not only or predominantly made with whole grain, but rather are made mostly with enriched white flour. 

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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