Health

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Cheez-it Cheats-it on Whole Grains

Snack foods don’t have a good reputation when it comes to healthfulness. So, it is no wonder that their manufacturers often try to come up with ways to make them seem healthier.

A few years back, Kellogg came up with a way to make Cheez-its appear to be a more healthy snack. They introduced “Whole Grain Cheez-its.”

Whole Grain Cheez-it

Some packages said “whole grain” others said “made with whole grains.” But the problem was in the fine print.

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Listed first in the ingredients statement on the side of the box was plain old “enriched white flour.”

The Center for Science in the Public Interest sued Kellogg back in 2016 for deceptive practices and false advertising.

The lower court said the box was not misleading. So, the plaintiffs decided to let the chips fall where they may and appealed the case. And the appeals court this year reversed the lower court and ruled:

“Whole Grain” and “Made with Whole Grain” statements are “misleading because they falsely imply that the grain content is entirely or at least predominantly whole grain, whereas in fact, the grain component consisting of enriched white flour substantially exceeds the whole grain portion.”

“…a reasonable consumer should not be expected to consult the Nutrition Facts panel on the side of the box to correct misleading information set forth in large bold type on the front of the box.” … “Plaintiffs plausibly allege that the Nutrition Facts panel and ingredients list on whole grain Cheez-Its—which reveals that enriched white flour is the predominant ingredient—contradict, rather than confirm, Defendant’s ‘whole grain’ representations on the front of the box.”

So the case is being sent back for a full trial.

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When It Comes to Yogurt, Size and Ingredients Matter

Have you read any good yogurt labels lately? You may be in for a surprise.

Here is the 6-oz. container of Yoplait Original strawberry banana yogurt:

Yoplait 6-oz

It is made with real strawberries and bananas, just as the front label depicts.

Thrifty shoppers, however, may find it more economical to buy the quart size container of Yoplait Original strawberry banana. But, they will get less than they bargained for.

*MOUSE PRINT:

Yoplait 32 oz

Checking the ingredients, all the real strawberries and bananas disappeared! While it does say “smooth style” on the front of the label, one might have reasonably assumed that they merely blenderized the fruit into the yogurt to create a uniform, smooth texture.

Nope. And the fine print of the front of the label doesn’t help much either. It says, “flavored with other natural flavor,” which might to the average shopper merely convey that other flavors are also mixed in.

Not to be outdone by this bit of yogurt trickery, once upon a time, Yoplait made a line of Yoplait Whips for the Girl Scouts evoking the flavors of some of their bestselling cookies.

Here is Yoplait’s Girl Scouts “peanut butter chocolate” Whips… but something is missing.

*MOUSE PRINT:

Yoplait peanut butter

According to the ingredients, there is no peanut butter in Yoplait’s peanut butter chocolate yogurt.

We asked General Mills, the maker of Yoplait, about the labeling of these two products. In particular, why different sizes of seemingly the same product did not have the same contents, and why they don’t more accurately describe the product on the front of the container. The company did not respond.

FDA regulations unfortunately allow manufacturers to play games with how product flavors are labeled, even to the point of permitting none of the depicted ingredient to actually be present in the product.

(i) If the food is one that is commonly expected to contain a characterizing food ingredient, e.g., strawberries in “strawberry shortcake”, and the food contains natural flavor derived from such ingredient and an amount of characterizing ingredient insufficient to independently characterize the food, or the food contains no such ingredient, the name of the characterizing flavor may be immediately preceded by the word “natural” and shall be immediately followed by the word “flavored” in letters not less than one-half the height of the letters in the name of the characterizing flavor, e.g., “natural strawberry flavored shortcake,” or “strawberry flavored shortcake”.

This is called consumer protection?

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Is Canada Dry Ginger Ale Made With “Real Ginger”?

Multiple lawsuits recently alleged that Canada Dry ginger ale was not the real thing because it did not contain “real ginger” as the label proclaimed.

Canada dry

*MOUSE PRINT:

ingredients

The ingredients statement says that it contains “natural flavor” but tests done by the plaintiffs indicate that the soda did not contain key components one would normally find in ginger root. Further analysis concluded that it only contained two parts per million of ginger extract.

In the settlements agreed to last month, Canada Dry is still allowed to say “made with real ginger” but only if that statement is modified with words like “flavor” or “extract.”

Examples of permissible label claims: “real ginger taste,” “made with real ginger extract,” “real ginger flavor,” “flavor from real ginger extract,” and “natural ginger flavor.” The Permanent Injunction shall also include court-approved use of “ginger extract,” “natural ginger flavor extract,” “natural ginger extract,” “natural ginger flavor,” or “ginger flavor” in the label ingredient line.

Would you catch those nuances?

Consumers who purchased Canada Dry ginger ale are entitled to modest compensation. Without proof of purchase, you can get 40 cents a can/bottle, up to $5.40. With sales receipts, you can get reimbursed at the same rate for up to 100 units.

After the settlement becomes final, you can file a claim here.