Labels matter and none more so that on the food we eat and the vitamins and supplements we choose to consume.
WHAT IS FOOD FRAUD?
Although there is no single consensus definition of food fraud, as a general matter, it “is a collective term used to encompass the deliberate and intentional substitution, addition, tampering, or misrepresentation of food, food ingredients, or food packaging; or false or misleading statements made about a product for economic gain.” (Spink and Moyer (2011)).
The Federal Food Drug & Cosmetics Act was enacted to protected consumers from dangerous drugs, adulterated and deceptively packaged foods. Today, it provides a comprehensive labeling scheme designed to assure product authenticity enabling consumers to make informed purchasing decisions. Despite this comprehensive scheme, however, products are routinely adultered and misbranded. While some fraud results only in economic loss, as the consumer did not receive what he/she paid for, other types of fraud (e.g. undisclosed ingredients, ingredient substitution or adulteration) can pose a safety or health risk. Over the past decade:
- Commodities such as coffee, honey, milk and spices were routinely adulterated with junk fillers and fake ingredients.
- Vitamins and supplements did not contain promised ingredients, or contained amounts far less than promised.
- Fruit juices have been watered down, substituted and artificially sweetened
- High value fish species have been substituted for cheaper, less healthful species
- Pesticide ridden conventional foods were sold as organic.
- Food, vitamins, and supplements that contain heavy metals in excess of federal and state (Proposition 65) limits
![shutterstock_1754064](https://kuzykclassactions.com/wp-content/uploads/2020/08/shutterstock_1754064.jpg)
Representative Cases
Frey v. Allied Domecq Spirits and Wine Americas, Inc.
Case No. CV05-5216 CAS (C.D. Cal. 2005)
Eisenstat v. Ken’s Foods. Inc.
Case No. CV 10-2510 SVW (C.D. Cal. 2010)
Zeisel v. Diamond Foods, Inc.
Case No. CV 10-1192 (N.D. Cal. 2011)
Larsen v. Trader Joe’s Co. Case No.
CV-11-5188-SI (N.D. Cal. 2011)
Thurston v. Bear Naked Inc.
Case No. 11-cv-02890-H (BGS) (S.D. Cal. 2011)
Astiana v Kashi Co.
Case No. 11-cv-1967-H (BGS) (S.D. Cal 2011)
Miller v. Wise
Case No. 17-cv-00616-JAK (CDCA 2017)