'All Natural' False Advertising Claims' Legal Evolution — Part 3

Supermarket News
November 26, 2012

Zelle Hofmann partner Christopher Micheletti wrote an article titled, "'All Natural' False Advertising Claims' Legal Evolution — Part 3,” for Supermarket News' Refresh blog.

With the slew of recent false advertising claims filed in California federal court challenging the use of “All Natural” on food labeling, it was only a matter of time before judges started deciding related legal issues and providing guidance on dos, don’ts and maybes.

In recent blog posts, Chris reviewed Hairston v. South Beach Beverage Co., in which the court dismissed the plaintiff’s challenge to the use of “All Natural” on SoBe's Lifewater product, a no-calorie, vitamin-enhanced flavored water drink. He then reviewed Astiana v. Dreyer’s Grand Ice Cream, Inc., which also involved “All Natural” claims, but in which the plaintiffs’ false advertising claims were upheld. Here, he compares the courts’ rulings in the South Beach and Dreyer’s cases, explain how the two courts came to the opposite conclusions, and discuss those and other decisions’ implications for food and beverage manufacturers facing “All Natural” false advertising class actions in federal court.

To read the article in full, please click here.