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.”
Some packages said “whole grain” others said “made with whole grains.” But the problem was in the fine print.
*MOUSE PRINT:
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.â€
“…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.â€
So the case is being sent back for a full trial.
