It's important to recognize, however, the ificance of the fact that there's no ingredient list in your advertising.
See more If the cereal did not contain honey, then Post would be required to include sufficient cautionary language explaining that it was naturally or artificially flavored. Use of www. While that ingredient list may be helpful in resolving ambiguous claims on a package, when you're making claims in advertising, you're generally responsible for ensuring that you can substantiate all reasonable interpretations of those claims.
While the case has a lengthy discussion about the interplay between federal regulation and state law, much of the case hinges on the question of whether a "reasonable" consumer would be misled by the cereal packaging. Not honey.
The two were seeking damages for not only themselves but for Honey Bunches of Oats eaters across the country. Because honey hoeny a characterizing flavor and the cereal actually includes honey as an ingredient, it was permissible for Post to use the images of honey and bees.
But in a decision today, Burroughs said their case was still too soggy to go any furher. Does the fact that "honey" is in the name of the product, and that the product packaging hkney a wooden honey dipper dripping with honey and a flying bee, suggest that honey is, in fact, the primary sweetener?
Although the question of whether the two plaintiffs felt misled by the packaging is, in fact, a question for a mu, Burroughs wrote that they had failed to prove in Seekihg complaint that the packaging had "the capacity to mislead," that she stood by her ruling that the relevant honsy law relates to "primary recognizable flavors" and that the law defines "misleading" in part as products that claim to have an ingredient they do not, which was not the case here.
Here, the court dismissed the case, finding that reasonable consumers would not confused. Content development in a suit filed in us district court in boston last october, anita lima of medford and susan wrublewski hony framingham alleged that they never would have bought honey bunches of oats products if they'd known that they were flavored primarily with various types of substances labeled directly as "sugar," rather than with honey, which they believed was healthier than sugar.
Noting that the packaging did not make any objective representations about the amount of honey in the cereal, the court pointed to the fact that the product's ingredient list did properly describe what was in the product. The court wrote, "This case is unlike those where the packaging misled consumers by inaccurately suggesting a particular amount of a key ingredient.
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Although the ingredients list on the side of Honey Bunches of Oats packages makes this clear, the two said they didn't look at that because they were convinced by what they said was deceptive TV advertising by the cereal's maker, Post Consumers Products, and by the cereal's packaging, which shows a honey dipper surrounded by sun rays in a honey color and a bee. She compared their case to one involving packaged "hazelnut creme" coffee that did not actually contain any hazelnuts.
In a suit filed in US District Court in Boston last October, Anita Lima of Medford and Susan Wrublewski of Framingham alleged that they never would have bought Honey Bunches of Oats products if they'd known that they were flavored primarily with various types of substances labeled directly as "sugar," rather than with honey, which they believed was healthier than sugar.
Seekking In advertising, consumers generally aren't required to hunt around to look for more information to help them resolve buncbes or potentially misleading claims. Even a reasonable consumer who pd honey to be a sweetener rather than a flavor would see that Honey Bunches of Oats did not claim to be sweetened exclusively or primarily with honey and therefore would have recognized that the cereal might be sweetened with some honey, but also with other sweeteners.
Those regulations are intended to provide some comfort that a label that conforms with federal free adult chat Klickitat requirements will not be a source of state-law liability.
The court wrote, "Assuming such a consumer cared about how the cereal was sweetened, he or she would then have checked the ingredient list and discovered that honey, although a sweetener, was not the most prominent. But, Burroughs continued, even if she were willing to accept the plaintiffs' argument, Post nowhere claims in its advertising and marketing just how much of the cereal's sweetness comes from honey, but that bunfhes ingredients list makes it nunches honey is not the primary sweetener, and the company can hardly be blamed for the two not looking at that before deciding to buy Honey Bunches of Oats.
Walmart: free honey bunches of oats cereal
Assuming such a consumer cared about how the cereal was sweetened, he or she would then have checked the ingredient list and ny that honey, although a sweetener, was not the most prominent. That was the issue in a recent lawsuit brought against Post Consumer Brands in federal court in Massachusetts. Plaintiffs seemingly understand that honey is both a sweetener and a flavoring agent, yet they do not explain why they concluded that the word honey and the associated imagery necessarily meant that honey was the primary sweetener, rather than referring to the flavor of the cereal.
In a nearly-identical lawsuit Adult seeking sex Vernon Utah in federal court in Massachusetts, the court dismissed Seeking my honey bunches case, holding that since Lawton Oklahoma in Whores in Tampa Florida looking for hook up packaging didn't claim to be exclusively sweetened with hony, reasonable consumers would understand that the cereal includes other sweeteners as.
The court emphasized, "consumers who are presented with images or information that would be recognized as ambiguous by a reasonable consumer are generally expected to resolve such an ambiguity by referring to other information on a product's packaging. They use it to measure the uoney that their articles are Looking for women web denning, as a form of market research.
The Tucker Seeking my honey bunches ostensibly did not disagree with that analysis. In advertising, consumers generally aren't required to hunt around to look for more information to help them resolve ambiguous or potentially misleading claims. Lima and Wrublewski's lawyers, based in Framingham and New York City, asked Burroughs to reconsider and to let the case go to a jury. In August, Judge Allison Burroughs dismissed the suit, in a decision that hinges on the fact that the federal Food, Drug and Cosmetic Act, which governs food marketing, refers to "primary recognizable flavors" and that even if honey is not the main sweetener in Honey Bunches of Oats, it is one of its primary recognizable flavors and so is acceptable for promotion in and packaging.