According to Adage, a federal judge has recently allowed a case to proceed alleging false labeling by Campbell Soup Co. Four New Jersey moms filed the class action suit alleging they were fooled into buying more expensive tomato soup labeled as having less sodium, when in fact it contained about the same amount of sodium as the company’s regular tomato soup.
A federal judge ruled that he will not dismiss the suit despite arguments by the food marketer that it followed the FDA’s guidelines. The new ruling may make food marketers nervous, even if they have followed government guidelines. Health advocates are gaining legal momentum when it comes to enforcing food-marketing rules.
Nutrition activists and the plaintiffs’ class action attorney agree that companies have been way to aggressive in marketing products in an attempt to woo customers. The federal judge agreed that the Campbell’s label may have been seen as misleading to the average customer. Campbell sough to dismiss the lawsuit, saying the label did not make a comparison to its traditional condensed soup, but instead drew a comparison to the average sodium content of a soup category, which complies with FDA regulations. The judge said that the fact that the labels were literally true does not mean they cannot be misleading to the average consumer.
The nutrition-related class action lawsuit is similar to a suit lost by Dannon, which required the company to set up a $45 million fund to pay consumers alleging the company falsely advertised the digestive benefits of Activia and DanActive yogurts, even though the claims had no scientific proof.
Stanley Iola – Dallas litigation lawyers