Why lawsuits over misleading food labels are surging?

“It’s forcing companies to be more creative, and careful, in how they advertise their products.” The legal fight over package labels represents a new front in the effort by environmental and animal welfare groups to increase corporate transparency and to prod large food companies to embrace less harmful practices.

Is food styling ethical?

The ethics of food styling are murky, at best. While there is no governing body to determine what you can and cannot do to alter food, most stylists are acutely aware of truth in advertising. “There are still food stylists known for doing ice cream—making that perfect scoop for the front of the package.

How can food labels be misleading?

Products are often labeled with what they do not have to imply healthfulness and superiority to competitors. Consumers purchasing a no sugar added juice may be inclined to believe that there is little sugar or calories in the product, when in fact the opposite is true.

Who is responsible for regulating advertising and labeling in the United States?

The Federal Trade Commission regulates food advertis- ing, while the other two agencies share responsibility for regulating labels; FSIS regulates meat and poultry product labeling and FDA regulates other foods’ label- ing. The NLEA addressed FDA-regulated packages, and FSIS issued parallel regulations.

What happens if a company is sued for false advertising?

False advertising can be seen anywhere: in the mail, on the internet, or even on the subway Companies may also face civil penalties for false advertising. Usually, false advertising laws only let a government agency sue for civil penalties.

How do you prove reliance on false advertising?

Consumers may show reliance be proving they wouldn’t have bought the product or service if not for the false advertising. They may also show they relied on a false advertisement if a false statement caused them to pay more for the company’s product or service than they otherwise would have.

What are the penalties for false advertisement in California?

For example, in California, the state attorney general can bring a lawsuit to recover civil penalties up to $2,500 for each false advertisement sent to a consumer. The Federal Trade Commission (FTC), a federal agency charged with protecting consumers, can collect civil penalties up to $40,000.

Does the CLRA prohibit all types of false advertising?

The CLRA doesn’t prohibit all types of false advertising, but only applies to a specific list of enumerated violations (such as false designations of geographic origin). You can report an instance of false advertising to one of our false advertising attorneys.