October 13, 2009
Previously published on October 8, 2009
Nestlé is facing a class-action lawsuit accusing it of being a “snake oil salesman” that sells “Brain Juice” to parents based on the allegedly fraudulent claim that it will improve their children’s brain function.
In the complaint, plaintiff Alexis Farmer alleges that she purchased Nestlé’s “Juicy Juice Brain Development Fruit Juice” with its claims that it contains “DHA – an omega-3 fatty acid especially important for brain development in children under two years old.” Farmer alleges that Nestlé makes a variety of claims in labels, on its Web site, and in a television spot centering on the theme that Juicy Juice Brain Development Fruit Juice contains DHA Omega-3, which, Nestlé claims, is critical for brain development.
As an example, the complaint describes a television commercial for Brain Juice “pictur[ing] a mother and young child. The mother repeatedly instructs the child to touch her nose, but the child does not. However, after the mother pours her child a glass of Brain Juice, the child points to the dog’s nose and says ‘nose.’ This television advertisement implies that consumption of Brain Juice by a child can accelerate the pace at which that child learns skills associated with language, motor functions, memory, and the free association of thought and ideas,” the complaint alleges.
The complaint further alleges that Nestlé’s claims are unfounded. “In an effort to ‘grab’ some of those billions [of dollars in dietary supplements], unscrupulous marketing companies routinely toss a small amount of a particular substance into a preexisting product and advertise said product as though it could provide results beyond what would be a reasonable explanation,” the complaint states. Farmer, who is seeking class-action status, accuses Nestlé of false and misleading advertising, unjust enrichment, fraud, and violations of civil codes.
Why it matters: In a bid to entice consumers, food marketers are increasingly touting the health benefits of their products. However, any such claims must generally be backed up by reliable and competent scientific studies. This is true whether the claims are express or implied.
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