Can you sue for false labeling?
Yes, you can sue for false advertising. Many states have a specific false advertising law that gives consumers the right to sue businesses for misleading them into purchasing or paying more for the company’s goods or services.
Why lawsuits over misleading food labels are surging?
“It’s forcing companies to be more creative, and careful, in how they advertise their products.” The legal fight over package labels represents a new front in the effort by environmental and animal welfare groups to increase corporate transparency and to prod large food companies to embrace less harmful practices.
Can you sue a company for false nutrition facts?
Under California’s Sherman Food, Drug, and Cosmetic Act, consumers who have purchased mislabeled food that was advertised in a deceptive manner (i.e. persuading a consumer to purchase the food based on untrue or misleading statements on the package’s label) can bring a lawsuit for the damages they have suffered, which …
Are ingredient labels accurate?
And you have the right to expect that the information on the label, including the ingredient list, is accurate. The Federal Food, Drug and Cosmetic Act—which provides authority for FDA’s consumer-protection work—requires that labels on packaged food products in interstate commerce not be false or misleading in any way.
How do I sue for false advertising?
Contact the US Federal Trade Commission.
- Require the advertiser to cease the deceptive advertising.
- Bring a civil lawsuit (usually class action) on behalf of people harmed.
- Require the advertiser to correct the deceptive practice by running an advertisement admitting the earlier ad was misleading.
Is mislabeling illegal?
It’s illegal. Mislabeling or substituting seafood is a violation of California Health and Safety Code, Section 114087. Mislabeling or substituting seafood may pose a health risk to some customers.
How can food labels be misleading?
Products are often labeled with what they do not have to imply healthfulness and superiority to competitors. Consumers purchasing a no sugar added juice may be inclined to believe that there is little sugar or calories in the product, when in fact the opposite is true.
Who is responsible for regulating advertising and labeling in the United States?
The Federal Trade Commission regulates food advertis- ing, while the other two agencies share responsibility for regulating labels; FSIS regulates meat and poultry product labeling and FDA regulates other foods’ label- ing. The NLEA addressed FDA-regulated packages, and FSIS issued parallel regulations.
How often are nutrition labels wrong?
Nutrition labels can be inaccurate by up to 20% when it comes to listing calories, according to the FDA. This can be frustrating, but experts say it probably won’t ruin an otherwise healthy diet. Sticking to whole, unprocessed foods can be a helpful strategy to avoid surprise calories in processed foods.
Can I trust nutrition labels?
Unfortunately, Nutrition Facts labels are not always factual. For starters, the law allows a pretty lax margin of error—up to 20 percent—for the stated value versus actual value of nutrients. In reality, that means a 100-calorie pack could, theoretically, contain up to 120 calories and still not be violating the law.
What kind of law is false advertising?
False advertising is illegal. Federally, the FTC can bring a criminal suit against a company for false advertising. In California, the state attorney general may bring a civil suit against companies who violate California Business and Professions Code 17500, which makes false and misleading advertising illegal.