Nearly all food class actions are based on misleading labeling. But the “misleading,” aspect is not limited to words on the label. It can also be a misleading product image on the package. Our San Francisco client received a class action demand letter because its nationally distributed fruit juice blend label displayed images of some, but not all, of the fruits whose juice was contained in the product. The Food Lawyers researched FDA’s interpretive policies and determined the agency allows a fruit juice label to depict less than all the fruits whose juice is in the bottle when other parts of the label make clear the product’s content. We detailed this in a letter to plaintiff who abandoned the case without the payment of any settlement money.
