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ARTICLE · 14 MARCH 2022

Is "Slightly Sweet" Puffery?

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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Oregon Chai makes a drink called "Chai Tea Latte." On the packaging, right above the name of the product, in big letters, the drink is promoted as being "Slightly Sweet."

United StatesMedia, Telecoms, IT, Entertainment

Oregon Chai makes a drink called "Chai Tea Latte."  On the packaging, right above the name of the product, in big letters, the drink is promoted as being "Slightly Sweet."  The front of the packaging also says that the product is, "A Less Sweet Twist on Our Authentic Chai."  Does Oregon Chai need substantiation for its "Slightly Sweet" claim?  Or is the claim simply non-actionable puffery? 

In a lawsuit brought against Oregon Chai, alleging false advertising and other claims under New York law, the plaintiff alleged that the "Slight Sweet" language is false and misleading because it leads consumers to believe that the product is low in sugar, when, in fact, it contains eleven grams of sugar per serving. In other words, the plaintiff alleges, the claim will lead reasonable consumers to believe that the product is "lower in sugar than it is." 

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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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