A recent New York federal court ruling has clarified US law around on-pack “Made with …….” claims, although the legal position is still complex. Does the “made with ….” variety need to be the predominant ingredient, or can the claim merely be interpreted as “Included” amongst other, cheaper, varieties?
The court ruled that context is critical. If it is a primary ingredient then the “Made with ….” variety needs to be predominant. For example, an apple pie “Made with Bramley apples” must contain more Bramley apples than cheaper apples. But the same apple pie that claimed “Pastry made with real butter” could, legitimately, use pastry that included some butter but contained shortening as its predominant fat. This is because customers select the pie on the basis of the “apple” rather than the pastry. The amount of butter should still be made clear to the customer.
A fuller report can be found on the Global Advertising Lawyers Alliance blog.
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