Monday, October 15, 2018

Sue the Food

Have you ever read the content list that's printed on everything we eat and drink? It can sometimes be a pretty scary revelation. As a personal example, I drink Ice Tea in the mornings as it contains less sugar than orange juice. Go figure...

Today, we're looking at curious lawsuits filed against the food industry, some merited, some not so much. And, no, the woman who sued McDonalds for burning herself isn't on the list. She got second and third degree burns from spilling the coffee in her lap, so that's another story entirely.


Canada Dry is a ginger ale made by Dr. Pepper. They have been sued twice for not actually having ginger in the drink even though the label says Made with real ginger. The corporation defends itself by claiming that the flavoring is partially made with real ginger. A commercial aired in 2011 even shows a ginger farmer so it's not too far fetched to assume it would contain ginger. Read the label, folks.

Staying on the topic of missing ingredients, the doughnut maker Krispy Kreme was sued in 2016 by Jason Saidian when he discovered that their Chocolate Iced Raspberry Filled, Glazed Raspberry Filled, Maple Bar and Glazed Blueberry Cake treats didn't contain raspberries, maple or blueberries, respectively. Curiously though, their Glazed Lemon Filled and Glaze Strawberry Filled doughnuts do contain the advertized fruits, so it's actually not too far fetched to assume the other sweet treats should contain what they say they do. If that shock is worth $5 million is another matter entirely.

In 2009, Roy Werbel sued the Kellogg's corporation due to the fact that their Froot Loops cereal didn't contain fruit. The judge dismissed the suit since fruit is not spelled FROOT and it doesn't come in loops.

In 2017 in California, a woman sued the jelly bean manufacturer Jelly Belly for tricking her into believing that their Sport Beans were sugar free. Instead of sugar the packet read “evaporated cane juice” and the FDA supports her suit, stating that juice can only be claimed if it is referring to fruits or vegetables. The claim isn't yet settled, but I do think the woman has a fair point.

Then we have to unusual case of Athena Hohenburg who became outraged when she had, based on a commercial for Nutella, fed it to her daughter thinking it was healthy. It's in fact about as healthy as a candy bar, and she filed suit. Dumb parent doesn't think for herself right? Well no, as Nutella agreed with her, changed their commercial and agreed to pay up to $20 per household if you filed claim within a certain period. (That was six years ago, so tough luck getting any money now). Corporation admits to being wrong? Miracles sometimes do happen...

Speaking of sweets, the makers of Chobani Greek Yogurt needs to shape up a bit. In 2014 two men, Barry Stoltz from Scarsdale and Allan Chang from Queens slapped the yogurt company with a lawsuit for their product. The lawsuit points out that there is nothing Greek about the product, and that it contains as much sugar as a Nestle Fudge ice cream bar, while sporting a label that screams 0%.
Chobani's defense was that Greek yogurt is a style of food that doesn't have to come from Greece (fair point) and that the 0% means no fat (which it didn't say at all). Finally they claimed a as defense that a similar case against them was dismissed in California. Great legal argument there guys... First class.


Well there you have it, and that's it for me. Until next time, have a safe and tasty week!

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