Parties clash over Welch's 'made with real fruit' fruit snack label claims

In the complaint filed in September 2015, plaintiffs Aliza Atik and Winnie Lau argued that the snacks – which they say contain “mostly a combination of corn syrup, sugar, modified corn starch, juice from concentrate, artificial flavors and dyes” – contain “minimal amounts” of the “vibrantly depicted” fruits on the label and “are no more healthful than candy”.

Meanwhile, the vitamins advertised on the front of the pack are added to the snacks, and are not, as is implied, derived from the fruit, it says, a violation of the ‘jelly bean rule' [the FDA does not consider it appropriate to fortify “snack foods such as candies and carbonated beverages"].

However, Promotion in Motion, which manufactures and markets the snacks under license for Welch Foods, says its stands behind all of its products and labels, adding that, “It is a fact that fruit, whether in the form of juices or more recently purees, has always been the first ingredient in Welch’s Fruit Snacks.”

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Food Labelling Services comments:

Although this product was sold in the US, and is a US case law, the principle applies to the UK.

The Food Information for Consumers regulation 1169/2011 clearly states that food labelling information must always be open, honest and fair, and must not mislead customers as to the nature, substance or quality of the food. It is therefore important that the overall presentation of the product is not misleading, including marketing messages, design, colour schemes, packaging shape, etc. This principle should always be applied when preparing food labelling information.