Manatt Advertising Partner Comments on 'All Natural' Beverage Complaint

"Attorney on 'all natural' lawsuit vs Monster Bev Corp"
FoodNavigator-USA

December 13, 2012 - Manatt's Ivan Wasserman, a partner in the firm's Advertising, Marketing & Media Division, spoke to FoodNavigator-USA about the legal ambiguity surrounding the word "natural" and how it can affect consumer complaints.

FoodNavigator-USA reports that a complaint has been filed against the makers of Hansen's Diet Sodas alleging that the sodas' "all natural flavors" branding is misleading because they contain artificial sweeteners. The plaintiff claims that a reasonable consumer would interpret the phrase to mean that all ingredients that affect the flavor of the product, including sweeteners, must also be natural.

Lawyers told the publication that there is no legal definition of "natural," so complaints are not susceptible to dismissal based on preemption, making them harder to defend.

Wasserman said that as bizarre as the complaint might appear at first glance, it "shows the care and consideration that must be taken when crafting labeling and advertising claims, especially in the 'natural' space."

He added, "The plaintiffs appear to be trying to argue that a claim that is both literally true and permitted under FDA regulations creates a misleading implication in the context in which it appears.

"Class actions and FTC investigations based on alleged implied claims often take companies by surprise because they never thought they were making a claim that they are now being forced to defend.

"Whether there is actual consumer deception in this case obviously remains to be seen."

Read the article here.