False Ad Insights From Bud Light ‘Corn Syrup' Case

The original version of this article was printed in Law360 on June 17, 2019. Updates were made to reflect new developments.

You are what you eat, and consumers are becoming increasingly interested in what, exactly, that is. Consumer surveys and interviews of food company executives signal that transparency is the watchword,¹ as educated and invested consumers become more focused on specific ingredients. Whereas some ingredients enjoy a health halo (kale and blueberry everything, anyone?), other ingredients are left in the shade. 

Where consumers go, advertisers follow. Some focus on touting the good, others on distancing their own ingredient lists from the bad. Some advertisers take the additional step of tying competitor’s products to ingredients with negative consumer perceptions. Enter false advertising litigation.