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ARTICLE · 11 MARCH 2019

If A Candy Is Fruit-Flavored, Does That Mean That It's All-Natural?

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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That was the issue in a recent case brought against Starbucks.

United StatesMedia, Telecoms, IT, Entertainment

What's the likelihood that consumers will be misled into thinking that a candy is "all natural" when you don't make any "natural" claims about the product?  That was the issue in a recent case brought against Starbucks.  

In Brown v. Starbucks, the plaintiff alleged that when bought Starbucks' "Sour Gummies" candy, she was misled into believing that the product only contained natural ingredients because the packaging states, "Apple, watermelon, tangerine, and lemon flavored candies."  The plaintiff alleged that, in order to prevent consumers from being deceived, Starbucks should have indicated on the front of the packaging that the gummies contained artificial ingredients. 

Starbucks moved to dismiss the compliant, arguing that reasonable consumers would not be misled the packaging.  The United States District Court for the Southern District of California agreed, and dismissed the case.  Here's why. 

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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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