- Ruling Says Sugar Association has Standing to Pursue Injunctive Relief and Ask for Corrective Advertising
WASHINGTON, April 19 /PRNewswire/ -- A federal court in Los Angeles has ruled on April 15 that the makers of the artificial chemical sweetener Splenda will face allegations that their marketing and advertising campaign is both false and misleading. The Sugar Association filed the lawsuit in December 2004, to force McNeil Nutritionals and parent company Johnson & Johnson to change their deceptive advertising practices. McNeil has spent millions on a marketing and advertising campaign which has misled many Americans into believing that their product Splenda is as natural as sugar. Splenda is a hydrocarbon containing chlorine; it is not sugar, and it is not natural. It is in fact an artificial chemical sweetener.
"The most important issue the federal court decided last week was that the Sugar Association can represent its members in charging McNeil with false advertising under the federal Lanham Act," said Andy Briscoe, President and CEO of the Sugar Association. "We are pleased that the court has ruled in our favor on that issue."
On a separate issue, the court ruled that the Member companies of the Sugar Association would need to bring claims on their own behalf if they want to seek money damages. It is clear that thousands of sugar growers in the United States are suffering financially because of consumer confusion thinking Splenda is natural.
For more information call Rich Masters at 202-448-3144.