I am aware of a particular beverage product, manufactured by a major
US corporation, which is nationally distributed to consumers in
probably every one of the 50 states and which I believe is
fraudulently mis-labeled. The main (front) label gives the strong and
very clear impression that the product being offered within the
container is 100% pure natural fruit juice. I am sure that virtually
all consumers who see the product on a supermarket shelf and who read
the large and flashy print on the front of the container will have
formed the incorrect belief that the product they are buying is 100%
pure natural fruit juice. Only after they get the product home (if
then) are they likely to discover (by reading the finest of print on
the small back-side label) that 99% of the product is actually
artificial ingredients, sugar, plus water. There can be no doubt about
the fact that the label is extremely misleading, indeed fraudulent.
Furthermore, I believe a strong case can be made that the artificial
ingredients and the sugar are far less nutritious, and probably far
more harmful to one's health, than pure natural juice. I am sure the
corporation that manufactures and sells the product has vastly
increased its profits because it deliberately engages in this kind of
deceptive advertising. I would like to do what I can to stop this
corporate rip-off of my fellow consumers. Accordingly, I would like to
pose these questions. First, are there any laws that prohibit
misleading advertising of this kind on food or beverage containers?
Second, is there a government agency that has regulatory authority
over such matters? Third, what can be done to stop such practices?

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Request for Question Clarification by pafalafa-ga on 14 Dec 2005 16:43 PST

kitlandis-ga,

The laws on deceptive advertising are actually quite complex -- even
more so for food products that for many other consumer goods.  I'm
afraid a review of the relelvant laws goes beyond the scope of a $25
question.

However, I can certainly assist you in telling you how to file a complaint with:

--Federal authorities

--State authorities (but you'll need to tell me what state you live in)

--Industry organizations with oversight for truth-in-advertising.


If that sounds OK to you, let me know, and I'll be happy to post the
information as an answer to your question.

Cheers,

pafalafa-ga

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Clarification of Question by kitlandis-ga on 15 Dec 2005 12:13 PST

I have decided that filing a complaint will probably be an exercise in
futility and I wish to consider a class action lawsuit. I reside in
California so such a lawsuit would probably be filed here. Therefore,
please just tell me what California statutes might have been violated
in the situation I have described.

I can understand your concern, but I suspect that a company selling
something so labeled in many states has done its legal homework.  I
can imagine the big words on the label proclaiming:  ALL FRUIT CONTENT
FROM TREE-RIPENED ORANGES or the like, but one has to read the fine
print to discover that "All fruit content" is only 1% of total
contents.
In some European countries, there are definitions for labeling; that
something can only be called "juice" if it is 100% fruit based, which
doesn't rule reconstituted frozen juice concentrate; or that it has to
have at least 30% (?) natural content to be labeled "fruit nectar". 
But the "blurb" on the label can distract from this.
"Let the buyer beware."

Sorry not to be able to more supportive, Myoarin

Visit the website of the Food and Drug Administration (www.fda.gov)
and they have a section where you can file a complaint about a product
("Report a Problem With a Product").

Before you find out whether you even have the grounds to file a class
action lawsuit, you must do your research.  Many companies have to
submit their product for FDA approval to even be able to offer a
product for sale in the US, so if the company you are complaining
about has already done this and gotten approval, then their labeling
must have been approved.  There may be a legal technicality that
allows them to legally claim the fruit juice content.

If your complaint bears out as being valid, then you can proceed.

4KEITH (I'm NOT a GOOGLE Researcher)

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