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ARTICLE · 09 DECEMBER 2020

Does "Slightly Sweet" Mean Low In Sugar?

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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Does "slightly sweet" mean low in sugar?

United StatesMedia, Telecoms, IT, Entertainment
Jordyn Eisenpress
Jordyn Eisenpress
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Does "slightly sweet" mean low in sugar?  This is the core question at the center of a putative class action filed against Kerry Inc. recently over its Oregon Chai brand products.

In a complaint seeking both injunctive and monetary relief filed in the Southern of District of New York in November, the plaintiff alleges that claims on Kerry Inc.'s Chai Tea Latte product led her to believe the products were low in sugar.

The plaintiff asserts that the claim "Slightly Sweet," modified by the claim "A Less Sweet Twist on our Authentic Chai" was a false and deceptive claim about the products' sugar content. Specifically, that "'slightly sweet' is understood by consumers to indicate that a product is 'low sugar' and causes them to think it has less sugar than it does."

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www.fkks.com

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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