A federal lawsuit over sugar content in cereals is at the forefront of a growing trend in sugar-related litigation, a director at UCLA’s Resnick Center says.
Last month, District Judge William Orrick of the Northern District of California certified a proposed class action against Post Foods involving 31 varieties of cereal including Raisin Bran and Honey Bunches of Oats, according to the order on pending motions.
This kind of class action litigation does have an effect on the food industry, Diana Winters, assistant director of the Resnick Center for Food Law and Policy at UCLA Law, told the Northern California Record. “This is one of the first suits like this, and more and more are coming up as people start to realize the harmful effects of sugar.”
The Food and Drug Administration regulation on sugar dates back decades, Winters said.
“It was written in the early ‘90s when nutrition focus was on the harmful effects of fat, not sugar.”
Other recent cases have concerned labels like “all-natural.”
“There is some evidence that manufacturers have stopped using ‘all natural’ claims, and that’s because the FDA doesn’t define natural, and if a product has something like GMO or corn syrup, then plaintiffs will sue. Even if it doesn’t go to trial, it’s still expensive for the food manufacturer to defend it,” Winters said.
The food industry has been paying very close attention to this type of litigation, which Winters estimates started picking up steam.
“Since then the food industry is much more aware of how specific statements they make on their labels will be interpreted.”
“One big takeaway, I was really surprised there are no standing regulations about how much sugar can be in something to be called healthy, that there aren’t any standing regulations,” Winters added. “I think right now the FDA is a dealing with other things, but they’re likely to change it [sugar limits].”
Jennifer Levack, a spokesperson for Post Consumer Brands, said the company declined to comment on pending litigation.