Mothers May Sue Gerber Over Sugary Fruit Snacks
National 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’
National 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
National 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
National 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...
New Rochelle, New York Work Accidents Lawyers
It doesn’t matter what type of work you do or where you work, you can always be at risk of injuring yourself at your work no matter how safe you may think it is. Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties.
Factors that affect one’s quality of life like place of work, relationships with friends and family, social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. In order to ensure that you and your loved ones receive the best outcome, make sure you have the help of an experienced New Rochelle, New York workplace injury lawyer you deserve. We can get you on your way to filing a claim against the responsible party. If you have been injured at your place of work it is important to know your options by seeking legal action. Kommer Bave & Ollman LLP offers a free case evaluation where we will answer any questions you may have and explain your legal options. Call us at 914-633-7400 or contact our firm to schedule a free consultation with an experienced attorney.