Judge Tells Chobani to Pull Misleading Ads Calling Out Dannon and Yoplait
The term “generally recognized as safe” was the basis for a federal judge’s decision on January 29 to order Greek yogurt-maker Chobani to stop airing ads that insinuated that competitors’ products were “unsafe or harmful” and contained chemicals used to kill bugs or clean swimming pools.
Judge David Hurd of the U.S. District Court for Northern New York called the ads “misleading” and ordered Chobani to halt the ads.
Earlier this month, lawsuits were filed against Chobani by General Mills, the maker of Yoplait Greek 100, and Dannon, which produces Light & Fit Greek yogurt.
General Mills alleged in its lawsuit that one of Chobani’s ads contained mistruths. The ad in question features a woman tossing a container of Yoplait into a garbage can after being told by an announcer that it contained “Potassium sorbate… That stuff is used to kill bugs.”
The food manufacturer claimed that the ad implied that Yoplait yogurt is not all natural because it is “laced with a pesticide” and is “so dangerous and unfit to eat that consumers should discard it as garbage.”
In its lawsuit, Dannon took issue with Chobani’s insinuation that its Light & Fit Greek yogurt contains chlorine in a formulation similar to that which “might be used in swimming pools as a disinfectant.”
Hurd wrote in his decision that while Yoplait Greek 100 does contain potassium sorbate, and that while the substance is used as a pesticide, it was not dangerous in the formulation used in the yogurt. He wrote that when potassium sorbate is manufactured for food preparation, it “creates a ‘natural identical’ chemical, meaning it is chemically equivalent to the molecule as it is found in nature (and) is safe for human consumption and, when ingested, breaks down in the body into water and carbon dioxide.”
In ruling in favor of Dannon, the judge wrote that a form of chlorine is found naturally in sucralose, which is used in Light & Fit.
“Evidence reflects that sucralose is an unusually well-studied compound repeatedly determined to be safe for ordinary consumption,” Hurd said, ordering Chobani cease to all advertising implying that Dannon products “are unhealthy because they contain chlorine and that Chobani products, including Chobani Simply 100 Greek, are healthy because they do not contain chlorine.” [1]
Under Hurd’s decision, Chobani must remove the video of the ads from the Internet – the commercials already ran their course on TV. The company can continue to tout the natural ingredients in its products, but may not imply that potassium sorbate makes Yoplait Greek 100 unfit for consumption.
Chobani said it was “disappointed” by the ruling, but that it was “committed to continuing the conversation.”
“This is not a marketing campaign, it’s a mindset campaign, and it outlines the difference between using only natural ingredients versus artificial ingredients,” said Peter McGuinness, chief marketing and brand officer at Chobani. [2]
Dannon plans on going after Chobani for damages. [3]
So, what is the deal with potassium sorbate?
This synthetic ingredient, which is often used in food to prevent mold and yeast growth, can be dangerous in large amounts. Most people don’t eat enough yogurt to consume excessive amounts of potassium sorbate, but it is also found in wine, cheese, pickles, dips, dried meats, soft drinks, ice cream, and other foods.
Packaged and processed foods contain the most potassium sorbate. People who eat a lot of these products may suffer from diarrhea, which can lead to depleted nutrients in their system. Too much potassium can also cause nausea.
People who are allergic to potassium are even more likely to have a bad reaction to potassium sorbate. For these individuals, failing to avoid products containing the preservative can result in renal or kidney problems that become severe over time.
Judge Hurd wrote in his decision that sucralose, which often goes by the brand-name Splenda, contains a natural form of chlorine, but that in of itself is a misleading statement
The maker of Splenda boasts that the product “tastes like sugar because it’s made from sugar,” but sucralose is closer to chlorinated sugar than it is to plain old table sugar.
Early research said that sucralose passes through the GI system undigested, so it was believed that it had little or no effect on the body. However, over the last few years, research has shown that sucralose is actually metabolized.
In truth, this “completely safe” sweetener may reduce good gut bacteria, make medications less effective, release toxins when it is baked, alter the body’s insulin responses and blood sugar levels, cause inflammation, and even damage genes. Sucralose has even been linked to Type 2 diabetes, heart disease, metabolic syndrome, and obesity. [4]
The FDA says that both potassium sorbate and sucralose are “generally recognized as safe,” but in reality, the verdict is still out.
Sources:
[1] NBC News
[2] CNN Money
[3] HNGN
[4] Prevention
In the Marxist nation to the north, the People’s Republic of Canada, all raw dairy products are purchased by the Government in order to insure that farmers are “fairly compensated.” Manufacturers of dairy products must appeal to the government for a license to purchased the milk (at prices inflated well above US and international price competition models) as the raw material from which to make a finished product (e.g., cheese, butter, yogurt, whatever). If the Government does not want to you enter a market that already has established players that contribute to the correct political parties, do not contest the Government mandates on chemical additives, or behave according to principles of “social inclusiveness,” then you are not issued a license to purchase milk and play in the dairy industry. Three years ago this is exactly what happened to Chiobani and to this day, they are blocked from entering the Canadian market. About two months ago, the CDN people elected Justin Trudeau, popularly known as Prime Minister Derek Zoolander. One of his first orders was to tighten all dairy products (along with most other grocery items) entering the country in the hands of ordinary consumers. This is in part, an effort to close any competition for the multinationals already manufacturing in Canada – yes, that would be Dannon, Yoplait, General Mills, General Foods and the rest of the “usual suspects.”
Nope; not Marxist. Follow the money. It’s corporatism, aka predatory capitalism, aka corporatist-fascism, aka fascism. I.e., the corporations are telling the govt what to do; the corporations Are the govt.
It’s a shame about Trudeau. It was another bait-and-switch (or, more kindly, possibly a get-elected-and-then-get-pressured by Big Biz) such as occurred in Greece. Canadians were trying to get rid of the reich-wing Harper govt, but got another guy willing to bend over and smooth the way for the fascist TPP.
Btw, I’ve been trying for over 2 years to learn the outcome of the IDFA’s petition to the FDA, asking permission to put unlabeled and/or falsely labeled aspartame (neurotoxin) in dairy products ranging from yogurt to cheese to ice cream to milk and so on.
I’m getting very tired of the monopoly by the “usual suspects” and their crack-down on small entrepreneurs with healthful products.
It has been a long slow slide into French Marxism going back over 70 years. For 70 years+ non-French, continually give power to the Marxist French to run the entire nation. The English-speaking people of Canada are the most spineless individuals in the world. Perhaps even the universe. BTW….save your anti-capitalist BS – companies in Cannuckistan only exist at the pleasure of the monarch. In this case, the Monarch is the son of the hottest groupie to chase after rock bands of the 1960s and 70s….all of the Rolling Stones included and Geraldo Rivera for a kicker. The “dauphin” flunked out of math and then flunked out of engineering and finally settled on dramatic arts as an HS teacher……now he runs the show.
Entrepreneurs have little chance in Cannuckistan. It is achieving Pakistani levels of corruption.
Actually, I like Yoplait! I buy what I like and will eat….at an affordable price. Chobani is too expensive and frankly, I don’t like it!