Ben & Jerry’s Agrees to Lose “All Natural” Claim; On to FRS…

September 30th, 2010. By LucyC

Those bastions of all that is good about ice cream—Ben & Jerry’s—had their wrists slapped recently over the inappropriate use of the phrase “All Natural”. And they, unlike some other companies I will mention, had the good sense to do something about the false claim. 

Apparently, there are about 48 of Ben & Jerry’s products that aren’t ‘All Natural’, according to the Center for Science in the Public Interest (CSPI), a nutrition and food safety watchdog group based in Washington, DC.  

In case you’re wondering just what the heck constitutes ‘natural’, information on the CSPI website states that “The U.S. Department of Agriculture, which regulates meat and poultry, lets products be labeled “natural” if they do not include artificial colors or ingredients, or are not more than “minimally processed,” by which the agency means a process that doesn’t fundamentally alter the raw ingredient. But the FDA, which regulates all other foods, has no such definition. It told CSPI several years ago that defining the term was “not among our enforcement priorities.” 

Of course the irony in this is that the sugar and cream in ice cream will likely cause more harm to your arteries—not to mention your teeth—than most of the “unnatural products” in Ben & Jerry’s ice creams and frozen yogurts, products including alkalized cocoa, corn syrup, and partially hydrogenated soybean oil. 

Nevertheless, Ben and Jerry’s, not wishing to tarnish their best of the best image, have agreed to phase out the use of “All Natural” claims on their labels. 

Oh, that all manufacturers were so obliging. Not so in the instance of FRS Healthy Energy Drink, a line of products sold by the FRS Company and distributed by PepsiCo. The product line includes canned drinks, concentrate, powder and chews, which are made with a patented formula, apparently. And the claim is that the magic ingredient—presumably containing some version of the naturally occurring all-natural ingredient Quercetin (a type of plant-based chemical, or phytochemical, known as a flavonoid, found in grapes and apple skins) boosts energy. 

Ah, not so, some consumers are saying, in stark contrast to the advertising which includes an endorsement by none other than Lance Armstrong. Nevetheless, the product remains on the market as is, as does Coca Cola’s Vitaminwater. But—the FDA did weigh in on this one. 

In September 2010, a federal judge denied Coca-Cola’s motion to dismiss a lawsuit over what the CSPI says are deceptive and unsubstantiated claims on the company’s “Vitaminwater” line of soft drinks. Coca-Cola claimed that Vitaminwater 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. Are they kidding?

No—they’re not kidding. So a lawsuit was filed which, not surprisingly, Coke tried to have thrown out. In hearing the arguments, Judge John Gleeson found the word “healthy” violates FDA regulations on vitamin-fortified foods. The judge also found 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.” 

And Coke’s logic? It went like something like this, “no consumer could reasonably be misled into thinking Vitaminwater was a healthy beverage,” and they therefore argued that advertising it as such isn’t false advertising. Ok, I need a lawyer to explain that one to me.

This week, three more titans of industry were added to the list of companies making false claims. The FDA sent out warning letters to Johnson & Johnson (Listerine Total Care Anticavity Mouthwash), CVS Corporation (CVS Complete Care Anticavity Mouthwash), and Walgreen Company (Walgreen Mouth Rinse Full Action) because these companies “manufacture and market mouth rinse products with claims that they remove plaque above the gum line or promote healthy gums. These claims suggest the products are effective in preventing gum disease when no such benefit has been demonstrated,” the FDA press release states. 

In fact, the FDA states the active ingredient contained in these mouth rinse products is sodium fluoride, which is effective in preventing cavities. And on that note, I think I’ll go get some Ben & Jerry’s. And I am not going to read the label.

Tags: Ben & Jerry's, Coca-Cola, Coke, false advertising, FRS Energy Drink, VitaminWater

This was posted on Thursday, September 30th, 2010 at 9:15 am and is filed under Consumer Fraud, Emerging Issues . Feel free to respond, or trackback. Read our comments policy.