According to a recent Court decision in California, “…the allegations in the complaint failed to sufficiently allege that reasonable consumers read the word “diet” in a … brand name to promise weight loss, healthy weight management, or other health benefits.”  The Court further states that [j]ust because some consumers may unreasonably interpret the term differently does not render the use of “diet” in a brand name false or deceptive.” 

In this particular case, the plaintiff failed to allege that the labeling of the product was false or misleading.  Instead, the plaintiff focused on the name of the product that includes “diet”.

Best business practice is to advertising campaigns reviewed for legal compliance including product labels.  I review all documentation to claim substantiation including labels, research, etc.  Any questions?  Feel free to contact me.

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