Mothers May Sue Gerber Over Sugary Fruit Snacks
US Legal News
The 9th Circuit allowed two mothers to pursue their class action accusing Gerber Products Co. of deceptively dressing up sugar-loaded gummy treats as healthy snacks for toddlers.
The mothers claimed Gerber falsely touts its Gerber Fruit Juice Snacks as "nutritious" and "made with real fruit juice," and displays images of oranges, peaches, strawberries and cherries on the packaging. But a quick look at the label reveals the main ingredients are corn syrup and sugar, and the only fruit juice is concentrated white grape juice.
They also took issue with Gerber calling the saccharine product a "snack," saying "candy," "sweet" or "treat" was more appropriate. Gerber later changed the name to Fruit Juice Treats, but denied that the lawsuit had anything to do with the change.
A federal judge dismissed the case last year, ruling that a reasonable consumer could see through the packaging "puffery" by simply reading the ingredients.
But the appellate court found that on-the-go parents should not have to scour ingredient lists for labeling discrepancies.
"We do not ... think that a busy parent walking through the aisles of a grocery store should be expected to verify that the representations on the front of the box are confirmed in the ingredient list," Judge Pregerson wrote.
"We do not think that the FDA requires an ingredient list so that manufacturers can mislead consumers and then rely on the ingredient list to correct those misinterpretations and provide a shield for liability for the deception."
Related listings
-
Convicted terror plotter sent to ’Supermax’
US Legal News 04/21/2008Convicted terrorism plotter Jose Padilla will serve his term at a Colorado federal prison known as “Supermax” for its strict, isolated conditions and roster of infamous inmates, prison officials said Friday.Padilla, 37, was sent from a Miami prison t...
-
Defense in CIA case wants Berlusconi as witnesses
US Legal News 04/17/2008A former Italian secret services chief's defense lawyers requested Wednesday that Premier-elect Silvio Berlusconi testify in the trial of 26 Americans and others charged with kidnapping a terror suspect during a CIA operation.Nicolo Pollari's defense...
-
Fed Appeals Court Dismisses Free Speech Case
US Legal News 04/10/2008The US Court of Appeals for the Sixth Circuit Wednesday dismissed a lawsuit brought by Kentucky high school student Timothy Morrison against the Boyd County Board of Education over a 2004 policy that banned Morrison and other students from expressing...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer.” Here are a few things to consider when asking yourself that question.