Might Advertising Fraud Claims Against Big Fat Succeed?
At first glance, the potential of proving a record of “lying” by the fast food industry seems slight. But that might depend on how one defines the lies. But even if Big Fat admits the health risks and simply claims consumers are well aware of them, the lies one might attribute to the industry might be more subtle. Alleged “lies” to consumers that were the subject of a 1983 suit brought by a public interest group against General Foods in California, for example, are instructive as to what claims the Big Fat plaintiffs might bring. In the case, which was captioned Committee on Children’s Television, Inc. v. General Foods, the plaintiffs alleged that the Saturday morning cartoon advertising for breakfast cereals “lied” to consumers (the children) by making certain promises. They alleged that the advertising promised that cereals that contained between 38%-50% their weight in sugar were nevertheless part of a “well-balanced” breakfast; that eating such cereals was equated with “fun” and “a
