Top Class Actions  |  January 13, 2014

Category: Consumer News

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Wrigley Orbit sugar-free gumA proposed class action lawsuit accusing Wrigley Sales Co. of misbranding its gum, mint and hard candy products — including Eclipse gum, Orbit gum and Life Savers candies — as “sugar free” has been dismissed after the federal judge overseeing the case found that the claims are preempted by federal law.

California resident Phyllis Gustavson alleges in the Wrigley class action lawsuit that she began buying the sugar-free products because she was trying to commit to a healthy diet, but that the package labels did not meet federal requirements for foods labeled as “sugar free” because they contained too many calories to state they are “low calorie” or “reduced calorie,” and do not “bear an express warning” adjacent to any “sugar free” claim stating that the product is “not a reduced calories food” or “not for weight control.” Gustavson additionally asserted that Wrigley mislabeled what types of sweeters the products contained.

Gustavson sought damages for violations of the state Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act, arguing that each of the products was falsely labeled.

As an example, she noted that the sugar-free gum she purchased included labeling to that end on the front of the package, but that Food and Drug Administration regulations required more information, including whether or not it was a “low calorie” or “reduced calorie” option and that it must be as close as possible to the original claim to avoid mislabeling claims. In a Jan. 7 decision, however, Judge Lucy Koh noted that the regulations issued by the FDA were much more permissive than the class action lawsuit indicated.

For example, while four types of information are required on packaging, including whether or not the sugar-free gum was “low calorie or not,” the FDA did not and does not require manufacturers to fit all the information on the front of food products if doing so is difficult because of the small size of the packaging, Koh said. Instead, they require the additional statements to occur on the next reasonable panel, which in this case, was the “information panel” where nutrient listings are located, she added.

In fact, “the specific provisions governing relative claims of special dietary usefulness expressly allow such claims to appear on a package’s information panel,” Koh said. To decide otherwise would be problematic due to the deference accorded to federal agencies including the FDA that had already issued specific guidelines relative to food products or whatever industries are under their purview.

Gustavson had also sought damages from the UCL, FAL and CLRA based on labeling regarding xylitol and other so-called sugar alcohols. These derivatives of cane have less calories but are still considered sugar, according to the Wrigley class action lawsuit. However, Judge Koh shot down that section because the plaintiff could not demonstrate that she had actually relied upon websites and related advertisements necessary to successfully prove the claim.

Gustavson is represented by class action lawyers Ben F. Pierce Gore of Pratt & Associates and J. Price Coleman of Coleman Law Firm.

The Wrigley Sugar-Free Gum Mislabeling Class Action Lawsuit is Phyllis Gustavson v. Wrigley Sales Co., et al., Case No. 12-cv-01861, U.S. District Court, Northern District of California.

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2 thoughts onWrigley Sugar-Free Gum Mislabeling Class Action Lawsuit Tossed

  1. Angelica Romero says:

    Add me

  2. Kimberly a Dugo says:

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