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ARTICLE · 04 JANUARY 2019

What's In A Name?

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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Two food cases caught my eye this week and got me thinking about all the litigation around food labels and product names and what they communicate to a reasonable consumer.

United StatesMedia, Telecoms, IT, Entertainment

Two food cases caught my eye this week and got me thinking about all the litigation around food labels and product names and what they communicate to a reasonable consumer.  (Some of our many earlier blog posts on this topic are here and here and here.) 

One case is a putative class action against Trader Joe's involving its Honey Nut O's cereal, filed in Massachusetts federal court.  The plaintiff alleges that the branding and packaging of the cereal is false and misleading because the cereal's primary sweetener is sugar, not honey. Plaintiff further alleges that excessive sugar consumption is responsible for the country's obesity and diabetes epidemic and that, therefore, consumers prefer what they perceive to be a more natural and more healthful alternative.  The complaint states: "Based on the common marketplace perception that honey is healthier and more natural than sugar, consumers place a greater value on products that are sweetened with honey instead of

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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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