PET Food Processing - October 2020 - 54

BRAND CLAIMS

"...Many courts have begun to recognize
these suits as sometimes spurious and will
dismiss the suits early..."

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PETwww.aristaindustries.com
FOOD PROCESSING | October 2020 | www.petfoodprocessing.net

these buzzwords mislead consumers
and entice them to pay more for a
product than they would otherwise
be willing to pay. Suits can be difficult to defend because the standard
is not whether the claim is factually
true but is instead whether the claim
tends to mislead consumers.
The most commonly challenged
word is "natural." These lawsuits include actions alleging that certain
listed ingredients are not natural.
They can also include actions alleging that products contain certain
chemical residues or byproducts that
a consumer would not expect to find
in a product labeled as natural.
The threshold question is what
the term "natural" actually means.
Without a legal definition of a term,
it is much easier for plaintiffs to
make the case that consumers believed the term to be something
other than how it was used and were
therefore misled. The FDA has not
yet defined "natural" as it relates to
pet food. AAFCO first published
the following definition of "natural"
in 2001: "A feed or feed ingredient
derived solely from plant, animal or
mined sources, either in its unprocessed state or having been subject to
physical processing, heat processing,
rendering, purification, extraction,
hydrolysis, enzymolysis or fermentation, but not having been produced by or subject to a chemically
synthetic process and not containing any additives or processing aids
that are chemically synthetic except
in amounts as might occur in good
manufacturing practices."
This definition differs significantly
from the FDA's proposed definition
of "natural" in human food, which
is: "nothing artificial or synthetic


http://www.aristaindustries.com

PET Food Processing - October 2020

Table of Contents for the Digital Edition of PET Food Processing - October 2020

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PET Food Processing - October 2020 - handmann - 1
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https://digital.petfoodprocessing.net/sosland/pfp/-pet-food-processing-june-2022
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https://digital.petfoodprocessing.net/sosland/pfp/2020_12_01
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https://digital.petfoodprocessing.net/sosland/pfp/2020_03_01
https://digital.petfoodprocessing.net/sosland/pfp/2019_12_01
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https://digital.petfoodprocessing.net/sosland/pfp/2019_06_01
https://digital.petfoodprocessing.net/sosland/pfp/2019_03_01
https://digital.petfoodprocessing.net/sosland/pfp/2018_12_01
https://digital.petfoodprocessing.net/sosland/pfp/2018_09_01
https://digital.petfoodprocessing.net/sosland/pfp/2018_06_01
https://digital.petfoodprocessing.net/sosland/pfp/2018_03_01
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