False or Deceptive Product Labeling Lawsuit
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When purchasing a product for yourself or a loved one, one expects the manufacturer to include factual and accurate information on the label. The decision to buy one product over another often involves interpreting and reading the claims on the label the company makes about the value or efficacy of their product. Certain products may command higher retail prices when they are advertised as being made from high-quality ingredients. So what happens when you buy a product based on what the label says, only to find out that the information on the packaging is false? State and federal laws protect consumers from such practices, and provide consumers with a method of recourse to recover compensation through class action lawsuits. A false or misleading advertisement is any claim on a food label or product that is false, misleading, or otherwise deceptive. Misleading advertisements can falsely induce consumers into purchasing, and paying a higher price for products that are not what they claim to be. The Class Action Lawyers at AJK Legal have represented individuals against businesses that unfairly profit from misleading or inaccurate labeling of their products throughout the United States. If you believe that you have been a victim of false advertising, call us at (877) 448-8404 or contact us online to discuss your rights and potential claims!
False or Deceptive Product Labeling Cases We Handle
Our lawyers handle a variety of false or misleading product labeling class action lawsuits including cases involving:
Misleading "all-natural" or "100% natural" claims - A common example of deceptive advertising of food and personal care products involves representations that a product is "all-natural" or "100% natural" when, in fact, the product contain synthetics or unnatural ingredients, including preservatives, artificial additives, artificial colors or ingredients that are genetically modified. Another variant of this type of false advertising is when a label claims that a product contains “no artificial ingredients,” or “no artificial flavors," or is "preservative free," yet contains ingredients that do not conform to the labeling. Often, naturally occurring ingredients are substituted for ones that are synthetically produced, without proper labeling. A commonly recognized artificial flavor is the ingredient malic acid. Thus, a "no artificial flavor" claim on or about a product which contains the ingredient malic acid is potentially misleading. Likewise, the ingredients citric acid and ascorbic acid are federally recognized chemical preservatives. Thus, a "no preservatives" claim on or about a product which contains the ingredients citric acid or ascorbic acid is potentially misleading!
Misleading “organic” claims - The U.S. organic industry is regulated by the National Organic Program (NOP), part of USDA’s Agricultural Marketing Service. The NOP provides clear guidelines and standards for growing, producing, and marketing organic products. To be certified as “100% Organic,” agricultural product must be grown in soil that has not been treated with synthetic chemicals for three years and no synthetic chemicals can be used in the process. This restricts things like fertilizers, pest and weed control. Livestock must be fed an organic diet and permitted “natural behaviors” like grazing on organic land. Products labeled as “made with Organic Ingredients,” must contain at least 70% organic ingredients. Any product labeled organic including the 30 percent non-organic ingredients - must not be produces with genetically modified organisms!
Deceptive health benefit claims - Another commonly recognized form of misleading advertising is labeling a product as containing health benefits which the product does not actually provide. For example, products claiming to have “no fat,” or be “lightly-sweetened” must be compatible with the actual health benefits of the product ingredients. Vitamin and nutritional supplement products are also frequently ripe with misleading health claims, an industry that exceeded $25 billion in sales in 2009 according to the FTC. Product claims that promise fat loss, cures for diseases, Alzheimer’s, arthritis, medical conditions, heart disease, and other ailments must generally meet strict standards set by the Federal Food and Drug Administration!
Products with missing ingredients - A tactic unfortunately used all too often in food product labeling is to advertise a high-quality food ingredient, such as made with “vanilla” or “strawberries,” but replace the high-quality ingredient with a synthetic ingredient which mimics the flavor of the high-quality ingredient. The artificial ingredients used in place of advertised high-quality ingredient are ostensibly less nutritious and do not contain the health benefits that the advertised ingredients have!
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Author : AKJ Legal |
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