Deceptive health marketing continues to take fire
This week saw two actions taken against health claims by large food companies.
Queens man says Trident Xtra Care gum ads are rotten (NY Daily)
In a lawsuit filed in Queens Supreme Court, Joshua Hirsch accuses Trident’s parent company of falsely claiming that its gum can restore rotting or chipped teeth.
“Trident Xtra Care could not and does not rebuild teeth,” the lawsuit says. “Once tooth decay has set in, no chewing gum can rebuild the teeth.”
Hirsch is hoping to sign up others lured in by Cadbury Adam’s marketing campaign for Trident Xtra Care in a proposed class-action lawsuit.
He accuses the company of employing “deceptive business practices.”
In promotional material, Trident says the sugar-free gum contains recaldent – “a unique form of calcium derived from milk” – that strengthens tooth enamel.
“Recaldent fills in the tiny crevices where cavities can form and leaves teeth more resistant to plaque acids,” the material says.
“Strengthens and Rebuilds Teeth,” the company boasts on the gum’s packaging.
Hirsch’s lawyer Jerome Noll calls the ad campaign an underhanded effort to draw in “unsuspecting consumers” who would rather buy a package of gum than visit the dentist.
Read the full article at The NY Daily News
Lawsuit Over Deceptive Vitaminwater Claims to Proceed
A federal judge has denied Coca-Cola’s motion to dismiss a lawsuit over what the Center for Science in the Public Interest says are deceptive and unsubstantiated claims on the company’s “vitaminwater” line of soft drinks. The company claims that vitaminwater variously reduces the risk of chronic disease, reduces the risk of eye disease, promotes healthy joints, and supports optimal immune function, and uses health buzz words such as “defense,” “rescue,” “energy,” and “endurance” on labels.
Besides denying Coca-Cola’s motion to dismiss, the ruling contains other bad omens for the company. Judge John Gleeson of the U.S. District Court for the Eastern District of New York found that the company’s use of the word “healthy” violates the Food and Drug Administration’s regulations on vitamin-fortified foods. The FDA’s so-called “Jelly Bean” rule prohibits companies from making health claims on junk foods that only meet various nutrient thresholds via fortification. The judge also found that vitaminwater’s claim on the “focus” flavor of vitaminwater that it “may reduce the risk of age-related eye disease” runs afoul of FDA regulations.
The judge also took note of the fact that the FDA frowns upon names of products that mention some ingredients to the exclusion of more prominent ingredients such as, in the case of vitaminwater, added sugar. The names of the drinks, along with other statements on the label, “have the potential to reinforce a consumer’s mistaken belief that the product is comprised of only vitamins and water,” Gleeson wrote.
Read the full article at The Center for Science in the Public Interest
