What Are Taste Claims?
Taste Claims
Companies make flavor claims and place them on food labels. When companies list taste claims, they must use the correct terms when describing flavors. The FDA even defines how taste claims and flavor labels are used in marketing. If a flavor is improved or created by the addition of other ingredients, then an explanation of this is required. For example, “cherry” is used to describe a flavor that comes from real cherries. However, “cherry-flavored with other artificial flavors” might be needed if a blend of flavors was used.
What Are Consumer Perceptions of Product Labels?
Product claims may be stated on labels, in ads, online, or in other materials. Consumer perception is what the buyer expects of the product’s use and performance. This perception may be affected by the way the product is promoted or the ingredients it contains. Some items may be regulated by the FDA based on consumer perception of the product. For example, if a product claims it can improve cellulite, it may be considered as a drug rather than as a cosmetic.
Winston & Strawn’s Food & Beverage team assists companies within the food, beverage, and agriculture industry with a wide range of disputes, including false advertising.