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ARTICLE · 24 APRIL 2025

Is "Wholesome" 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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Nature's Bakery sells various flavors of fig bars. The company promotes the products with statements such as "what we bake in is as important...

United StatesMedia, Telecoms, IT, Entertainment

Nature's Bakery sells various flavors of fig bars. The company promotes the products with statements such as “what we bake in is as important as what we leave out,” “simple snacks made with real ingredients,” “wholesome baked in,” and “equal parts wholesome and delicious.” On the packaging, Nature's Bakery also says “We ‘Heart' Figs” next to a picture of a heart. Are these statements advertising claims that require substantiation or are they simply non-actionable puffery? That was the issue in a recent case in federal court in California. 

A consumer sued Nature's Bakery under California law, alleging that these statements were false and misleading because they misled consumers about how healthy the fig bars are. According to the consumer, the products are not good for you, because they are high in sugar.

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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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