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In 2018, IHOP changed its name to IHOb. This was to promote a new line of burgers, and bring in new sales from diner oriented people. The re-branding of this widely known breakfast place did not generate a significant increase in sales for the company. Considering no increase IHOb, promptly changed its name back to IHOP. This had a negative impact because everyone was used to IHOP being a breakfast oriented place, when it changed it's name it became like every other fast food place.
Cite: https://www.usatoday.com/story/money/2018/07/09/ihop-changes-name-back-ihob/769310002/
Another example, of a re-branding mistake was when Kraft Foods redesigned their well-known logo. Their original logo was basic simple and bold but many people were familiar with the brand because of that logo. They changed the logo to an unbolded Kraft with a swoosh, and added "make today delicious". Many people were used to the original logo, that Kraft decided to revert back to the iconic logo after a few months.
https://www.fastprint.co.uk/blog/15-of-the-worst-corporate-rebrands-ever.html

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The typical chip bag, is made of seven layers of foil and plastic. However, chip bags like this were made to be lighter, reduce shipping volume, and to decrease the amount of shelf space they take back. The mistake here is that there’s currently no machine that can separate these layers making the chip bags unrecyclable. This is no easy solution as. “When things are mixed together, you devaluate the product” (Tom Carpenter). To conclude, this product violates “Environmental Packaging”.

https://www.theguardian.com/sustainable-business/2014/jul/18/good-product-bad-package-plastic-recycle-mistakes

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The water purification company Brita was put into a lawsuit because the customers thought that the expectations of the waters filters gave them unrealistic efficiency of the filters.

Brita responded to it and stated “Brita takes the transparency of the variety of water filtration options we offer seriously.” Mistakes like this can also cause harm to the company and its money, the brands and labels have to be made accurately or there would be consequences.

Cite: https://www.packaging-gateway.com/news/brita-faces-lawsuit-alleged-deceptive-filter-packaging/

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Cargill INC was accused of two of their ingredients, stevia leaf extract and erythritol, being not natural. Under a settlement agreement Cargill agreed to put $5 million into a settlement fund excluding another $300,000 it will pay for administration expenses

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In a grocery store, it’s easy enough to accidentally give your produce the wrong product label. Mistaking hot dog buns to hamburgers. Many companies attract new customers through the use of humor on their product labels. Whether they give their product a funny name or they have a funny eye catching logo. A label you see in stores may not be funny in purpose.

Some labels have mistakes

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https://www.lightninglabels.com/blog/general-mills-sued-for-mislabeling-products-as-natural/

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Burt bees sued over products being labeled as 100% natural despite in fact not being 100% natural, a federal judge in California ruled against Burt bees request for dismissal of a class action lawsuit accusing it of misleadingly labeling some of its products as “100% natural.” Used Aseptic packaging, sued over its promotion being wrong.

https://topclassactions.com/lawsuit-settlements/consumer-products/all-natural-products/burts-bees-class-action-over-100-natural-labeling-escapes-dismissal/

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On July 29, lawyer Spencer Sheehan, of Great Neck, New York, filed suit in Chicago federal court against Chicago-based Ferrara Candy Company. The complaint faults Ferrara for selling Keebler brand cookies that claim to incorporate fudge, but really incorporate as if they were a fudge-like item that doesn’t incorporate milk and butter.The complaint declares those dairy ingredients are essential to really claim an item contains fudge. The claim specifically targets the promoting surrounding Keebler Fudge Mint Cookies and Keebler Fudge Stripe Cookies.In expansion to the alleged lack of dairy ingredients, the lawsuit asserts the Keebler brand cookies moreover don't incorporate genuine mint, but or maybe a fake mint flavor. The ingredient substitutions allowed Ferrara to supposedly sell more of the cookies at higher costs, the complaint declared.The claim accuses Ferrara of consumer fraud and breach of warranty, among other counts. The link https://cookcountyrecord.com/stories/606307760-class-action-claims-keebler-cookies-don-t-contain-real-fudge-mint

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“All natural” chicken breast packing leads to lawsuit -Georgina Odesh

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“All natural” chicken breast packing leads to lawsuit -Georgina Odesh

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Tyson’s “All Natural” chickens, claims a lawsuit and a complaint filed with the Federal Trade Commission, are produced in crowded sheds contaminated with antibiotic-resistant pathogens, and after slaughter, they are bathed and in chemical disinfectants. Federal also complained that Tyson’s “Safe work environment” claims, showing that 39 Tyson processing plant employees died from Covid-19 and 12,500 became infected.

The packaging they used was Providing information and Promotion and Selling.

The Contemporary Packaging that is Aseptic because styrofoam helps keep things fresh.

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There’s no whiskey in bottles of Fireball Cinnamon, so customers are suing for fraud - Briana S.

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There’s no whiskey in bottles of Fireball Cinnamon, so customers are suing for fraud - Briana S.

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Chef Boyardee products have been falsely advertised as made with “no preservatives” but is instead made with citric acid and a synthetic preservative as an aseptic for their products. The citric acid that is said to be used is actually derived from “heavy chemical processing”, which is actually a genetically modified variety of black mold. When this is consumed it can cause joint pain, muscular and stomach pain, shortness of breath and other health conditions.

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The makers of Fireball Cinnamon Whisky are facing a class-action lawsuit for allegedly “misleading” customers, by selling mini bottles of “Fireball Cinnamon” that don’t actually contain any whisky in them.

The lawsuit was filed against the Sazerac Company by Anna Marquez, who claims that there isn’t a clear distinction between Fireball whisky and Fireball Cinnamon, and that customers are being misled into purchasing a non-whisky product.Fireball says that customers can tell the products apart because their whisky-based beverage says “Fireball Cinnamon Whisky” on the front label while Fireball Cinnamon omits the word “Whisky.” The lawsuit was filed solely by Marquez but seeks to cover anyone in Illinois, North Dakota, Wyoming, Alaska, Arizona, Idaho, Mississippi, Iowa, South Carolina, Kansas, Arkansas, and Utah who has purchased Fireball Cinnamon.

https://www.today.com/food/news/mini-fireball-cinnamon-whisky-lawsuit-rcna67197

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Pepsi made the mistake of making cola that shouldn't be brown and that it should be clear instead. Crystal Pepsi was supposed to be a caffeine-free "clear alternative" to regular cola. Pepsi promised that "You've never seen a taste like this!" and while that was true, the soda did not taste good. Many consumers were grossed out and disappointed, with some insisting the drink had a citrus hint to it. PepsiCo ended Crystal Pepsi in 1993 after only a year.

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Supermarket chain Lidl recently made a packaging mistake as they featured an explicit URL link on the popular children’s snack paw patrol gummies. They violated defining products identity by adding something unrelated and inappropriate to the product. As a solution, the company advised customers not to access the URL link found on the product and to return the product immediately for a refund.

https://www.packaging-gateway.com/comment/top-five-biggest-packaging-errors/?cf-view

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On May 20th 2020, Ben and Jerry's ice cream was involved in a lawsuit about the cows on the pints of ice cream. They claimed that the cows were "happy" to give the milk and cream to Make the ice cream

They stopped describing the cows that provide the milk for their ice cream after the company was sued by an advocacy group.

nytimes.com/2021/09/07/science/food-labels-lawsuit.html

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pink sauce was poorly packaged in a bag when it contained milk and raw honey, these ingredients need to be refrigerated when transferring, and since it was in a hot bag for days, they could have harmful bacteria. This sauce was suppose to be the best to put on anything, but due to the poor labeling and packaging, it failed miserably and caused people to sue and get sick. She wanted to try to build the business back up so she took out a loan to try to pay for all the right materials, but due to the reputation, they didn't get much sales and when she couldn’t pay the loans back, she went bankrupt.

https://thegrio.com/2023/10/05/food-company-slams-pink-sauce-lady-gofundme-considering-defamation-lawsuit/

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https://docs.google.com/document/d/1gP83YwU3cNl2YjCHAT7iik59RykAAPoVUqpWuZy-8VQ/edit?usp=sharing

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P&G is being sued for a pollution crisis. They have been sued for misleading consumers on the impact of their recycling. They have lead people to believe that they are causing an accident increase in pollution. This has caused many to believe they are advertising wrong. Then this also leads to bad management. https://www.bizjournals.com/cincinnati/news/2020/03/02/p-g-sued-over-plastic-packaging-by-environmental.html

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Procter & Gamble is among 10 companies being sued by the environmental advocacy group Earth Island Institute, which claimed in a lawsuit that plastic used in packaging for P&G products contributes to a so-called "pollution crisis."

The Cincinnati-based maker of consumer goods such as Tide detergent (NYSE: PG) is among the top polluters in the world with regard to plastic that makes its way into oceans, alleges the suit filed last week on behalf of Earth Island.

In addition, P&G is among companies that allegedly misled consumers about the effectiveness of recycling, claims the suit brought by Earth Island, which is based in Berkeley, Calif.

P&G didn't immediately provide a comment in response to a Business Courier request today regarding the case, which was filed Feb. 26 in San Mateo County Superior Court.

However, P&G CEO David Taylor is chairman of the Alliance to End Plastic Waste, a year-old organization of more than 40 companies that have committed more than $1 billion to eliminate pollution in the ocean and elsewhere.

"We see the issue all around us, and we're taking action, joining forces and committing our resources and money to make critical long-term changes," Taylor said in the first annual report of the Alliance to End Plastic Waste, which was issued in January.

P&G previously joined with New York-based Circulate Capital on an investment fund effort to raise $90 million to combat plastic that pollutes the world's oceans.

The suit, which Earth Island described as the first of its kind, includes public nuisance, breach of warranty and negligence claims.

"The lawsuit seeks to hold corporations accountable for their share of plastic pollution and their claims that plastic packaging is recyclable," said Sumona Majumdar, general counsel for Earth Island, in a statement issued by the group. "For too long, they have pushed those costs onto the public, and that includes nonprofits like Earth Island that are using charitable funds to clean up their mess."

The suit requests a jury trial, an unspecified amount "to remediate the harm" and attorney fees.

In addition, the suit requests that P&G and the others be ordered to halt marketing and promotion of products that state or imply they are recyclable when they aren't. And the suit requests "corrective advertising" to inform consumers about such alleged shortcomings of products.

P&G is the largest advertiser in the world, spending $10.1 billion on advertising, marketing services and digital marketing for the 2018-19 fiscal year that ended in June.

Also named as defendants in the suit were Crystal Geyser Water Co., Clorox Co., Coca-Cola- Co., Pepsico, Nestlé USA Inc., Mars Inc., Danone North America, Mondelez International and Colgate-Palmolive.

"Earth Island files this action to hold defendants accountable for the misinformation they have spread about the recyclability of plastic, and the damage they have wrought to the environs Earth Island works to protect, as well as to Earth Island's property interests," according to the suit, which noted that the group strives to protect oceans, coasts and marine life "from all manner of harm."

P&G and the other defendants allegedly have engaged in a decadeslong campaign to deflect blame for the plastic pollution crisis to consumers, the suit stated.

Such campaigns "spread the false narrative that the oceans, wildlife, and environment would be healthy were it not for the consumers who failed to recycle their plastic," the suit stated. "In reality, much of the purportedly 'recyclable' plastic submitted to recycling facilities by consumers is not actually recyclable."

Recycling captures less than 10% of plastic produced annually, the suit stated.

"There is a staggering 150 million metric tons of plastic in the marine environment," according to the lawsuit filed by Earth Island. "Plastic is present in every single part of the ocean - from the surface of the Pacific, to the near shores of Monterey Bay, to the depths of the Mariana Trench and at each of the poles. Scientists estimate that between 8 and 20 million tons of plastic enter the ocean annually. At this rate, plastic is set to outweigh fish in the ocean by 2050."

The plastic never goes away because it isn't biodegradable, the suit stated.

"Instead, plastic in the ocean breaks down into smaller and smaller pieces, known as microplastics," the suit stated. "Because of their miniscule nature, microplastics are found in every nook and cranny of ocean ecosystems. They are now a common component of sand and are embedded in seagrass, which is a food source for various marine life. As a result, microplastics are routinely found in the digestive systems of sea dwelling creatures."

Microplastics are also abundant in human water supplies, stated the suit, which cited a 2019 study that indicated the average person ingests about 5 grams of plastic on a weekly basis - or roughly the equivalent of a credit card.

"Defendants have created the condition of plastic pollution in California's coasts and waterways," the suit stated, "by refusing to switch to more sustainable materials in order to reap higher profits from cheap, virgin plastic (as well as by) engaging in a campaign of misinformation about the true causes of plastic pollution and viable solutions for mitigating its effects, and deceptively maintaining consumer loyalty and demand for defendants' products by falsely advertising the products' recyclability.

"Defendants reap billions in profits while public and nonprofit organizations such as Earth Island Institute spend billions in public and charitable funds to mitigate the effect of plastic pollution on humans, wildlife, oceans and waterways," the suit added.

The suit was filed on behalf of Earth Island by attorney Mark Molumphy of the San Francisco law firm Cotchett, Pitre & McCarthy.

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P&G sued over plastic packaging by environmental group - Cincinnati Business Courier

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Procter & Gamble is among 10 companies being sued over claims that packaging for P&G products contributes to a so-called "pollution crisis," and that P&G allegedly misled consumers about the effectiveness of recycling.

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Activia yogurt said it had "special bacterial ingredients”

The popular yogurt Activia had a 45 million dollar lawsuit back in 2010 stated ABC News. According to the brand they were “Scientifically” and “Medical” proven to boost your immune system and able to help with digestion. The yogurt brand ran an ad campaign led by Jamie Lee Curtis, she claimed that there were special ingredients, and as a result, sales increased by 30%. “The lawsuit against Dannon began in 2008 when consumer Trish Wiener complained. On top of the fine of $45 million, Dannon was ordered to remove "clinically" and "scientifically proven" from its labels, according to ABC” (Business Insider).

Work Cited

“18 False Advertising Scandals.” Business Insider, 27 February 2017, https://www.businessinsider.com/false-advertising-scandals-2017-2#activia-yogurt-said-it-had-special-bacterial-ingredients-2.  Accessed 1 December 2023.

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The water company Brita was sued for advertising, claiming to remove “forever chemicals" from water. https://www.latimes.com/california/story/2023-08-19/brita-water-filter-company-accused-of-false-advertising

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“The chip smells like nothing, but tastes like a smörgåsbord that’s both confusing and arousing, like Steve Buscemi. Flecks of spring green – the kind generated from radioactive waste – coat the unwieldy triangles. The seasoning is a kaleidoscope of Day-Glo dust particles that perishes under saliva and tongue.

Three recently proposed class-action lawsuits against Frito-Lay, owned by PepsiCo, sought $5m in damages on the basis that the chips allegedly contain a “negligible amount of lime”.  In addition to that, This article says that

“The Product, which claims to contain a “Hint of Lime”, actually contains no lime at all. As such, Defendant’s advertising and marketing campaign is false, fraudulent, deceptive, and misleading. “

Because of the lawsuit against the Tostito Hint of Lime chips, they are not currently on sale anymore and are off the shelves.

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Class action dismissal: The District of New Mexico dismissed two class action lawsuits accusing 4 food industry due to falsely labeled beef products. The customers claimed the cattle were actually raised in foreign countries, imported into the United States, then slaughtered and processed into the United States. Putative class of customers claimed the prices were being raised even though it was foreign beef.

Unfortunately the court dismissed the lawsuit primarily on the grounds that the country of origin dispute is preemptive under federal law.

Defining product identity, and providing information

Aseptic, packaged with styrofoam needs to be kept cold.

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Thompson Coburn LLP provides practical and economical solutions to clients’ business demands and legal challenges across more than 50 areas of law.

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On july 27th a federal judge dismissed a lawsuit accusing Kraft Heiz and CO. It mislead customers by stating that it's ready in 3 ½ min to prepare. Amanda Ramirez lacked standing to pursue the proposed of $5 million class action and forced Kraft Heiz to change it's packaging.

Ramirez wanted KFC.O to change their packaging because of it's false statement "ready in 3 4 minutes", didn’t include time to remove lid, add water, and stir in the cheese sauce pouch. https://www.reuters.com/legal/kraft-heinz-defeats-lawsuit-over-mac-cheese-preparation-time-20

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Apparently the company claimed there birth control would stop unwanted pregnancies but in total opposite it caused them the company was sued by more than 100 women. the lawsuit was suspected that when the women took these falsely claimed birth control pills it didn’t do it job the company in the end took accountability and said they were going to raise the children all the way into adulthood

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In a 2015 CCN Health article, over 100 women reported that their birth control pills were Improperly packaged. The package was rotated 180 degrees, rotating the orientation of the pills, leading the women to take the placebo pills instead of the active pills. 94 women ended up giving birth and 17 did not come to term, only 2 said they were not pregnant. More than 100 women were seeking millions in damages due to pain, suffering, lost wages, and child expenses. The pills were manufactured by Qualitest Pharmaceuticals and shorty recalled the pills.

https://www.cnn.com/2015/11/12/health/birth-control-packaging-lawsuit/index.html

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Lawsuit against Aldi for alleged mislabeling. 

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Lawsuit against Aldi for alleged mislabeling. 

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Barilla is a brand name that has a lawsuit for an example in an article it says "Barilla has been the target of servals lawsuit for an allegedly misleading claim on its pasta packaging, specifically the phrase "Italy's #1 Brand of Pasta" bracketed with the green, white, and red of the Italian flag" because of the design they have on the labeling that they have on the product. Customers that were buying the iteam were thinking that they were buying the pasta that was produce in italy

https://www.packagingdigest.com

The functions of packaging one of them is defending product indentity and one more would probably be promoting and selling because theyre promating it with the italy flag making people buy since they were thinking it was produce in italy.

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KIND Bars being sued for misleading labels

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KIND Bars being sued for misleading labels

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Kind Bar packaging having “healthy” in their label when the saturated fats are considered high by the FDA.

This violates the 3rd function of packaging, which would be: Defining product identity by making the product stand out. In this case, KIND is defining its hard by saying it’s healthy on the front packaging covers. Their packaging utilizes an aseptic approach as their boxes are made from cardboard and can be recycled.

It can be argued that KIND’a misleading marketing is tricking consumers into buying food that isn’t actually healthy based on FDA standards. Labeling it as healthy is violating the FDA’s standards for saturated fats as KIND bars exceed that limit.

Three lawsuits have been filed against KIND all with this same argument in California in the span of 10 days.

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It was only a matter of time.

Last month, the US Food and Drug Administration published the warning letter it had sent to snack bar maker KIND's CEO, Daniel Lubetzky, chiding him for the company's "healthy" label when KIND bars are not, according to the FDA definition, actually healthy. The bars, among other things, are too high in saturated fat to qualify.

Now the lawsuits are rolling in. In California,three separate class action suits have been filed against the company, all within 10 days of the letter's publication, all making the same basic argument: KIND's misleading marketing deceives consumers into buying food that isn't healthy, at least by FDA standards. None allege that the bars physically harmed them.

"We've really crossed a bridge," says Ted Craig, a consumer class action attorney who specializing in suits like these. "There's a long history of products liability where products are harmful or unhealthy," he says. Suing for a product that misleads but isn't harmful is "going to the next level."

The lawsuits are undoubtedly driven by lawyers, not consumers, adds Craig. If the plaintiffs prevail, which is not guaranteed, even with the FDA warning letter, there is still a question about how they will be compensated. Say consumers get back the full dollar amount of their KIND bar purchases-something Craig says is unlikely since the bars still have some value-that still only amounts to about $2/bar.

The lawyers litigating the case, however, will get a percentage of the total amount rewarded to everyone-a much, much higher amount than what any individual consumer will take home. The plaintiffs are filing suit "solely for purposes of recovering money damages and not in the name of protecting consumers," says Craig. That explains why there are three class action lawsuits, all filed within one week of each other, rather than one. "Three different groups of lawyers [are] trying to be the one that represents the class," Craig says.

KIND makes for a good target: It's a relatively small player in the $2.8 billion energy and nutrition bar market (it sold roughly $336 million in KIND bars last year, according to Euromonitor) that doesn't have the legal or financial might that a dominant player like Kellogg would.

What's worse, these lawyers are building on an FDA judgment that seems out of proportion. "Technically, the FDA is correct that KIND didn't comply [with requirements for 'healthy'], specifically with regards to fat content," says Sherzod Abdukadirov, a research fellow at George Mason University public policy think tank the Mercatus Center. But when it comes to saturated fat, he says, the science is not settled. "The FDA does have discretion about which companies to go after," he says, adding that sending the letter to KIND was a "heavy-handed tactic."

"I think the FDA is being overly zealous," says Craig. KIND bars present "a very picayune problem in the eyes of the FDA where we have bigger fish to fry."

For its part, KIND stands by the healthfulness of its products, whether or not they qualify under FDA definitions. "Nuts, key ingredients in many of our snacks and one of the things that make fans love our bars, contain nutritious fats that exceed the amount allowed under the FDA's standard," says Joe Cohen, SVP of Communications at KIND. "There is an overwhelming body of scientific evidence supporting that nuts are wholesome and nutritious." In any case, the company is working with the FDA to come into compliance.

Quartz reached out to the attorneys listed on the class action complaints and the FDA, but hasn't received a response. The post will be updated if/when we get one.

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First the FDA said KIND bars weren't "healthy," and now people are suing

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Lawyers are not being so kind to KIND bars.

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Selling bottles of Fireball Cinnamon that dont contain whisky

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On March 30, 2022 a Chicago resident named Clark filed a lawsuit against Blue Diamonds. He claims that the labeling of the smokehouse almonds is deceiving because the almonds weren’t actually smoked in a smokehouse. He states that “ placing Smokehouse on the front label without disclosing the true flavoring, Blue Diamond violates federal and state regulations.” Also claims that foods not made in smokehouses should contain a statement such as “with added smoke flavor.” The court ruled with Clark and his claim on the Blue Diamond Almonds Smokehouse. https://topclassactions.com/lawsuit-settlements/consumer-products/food/blue-diamond-class-action-alleges-almonds-not-made-in-smokehouse/

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On March 23, 2021 Golden gaytime ice cream changed their name to Cookie Crumble.This was because the LGBT community found the name offensive. Gay used to mean happy or joyous which captures the pleasure that comes from eating ice cream.

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On September 25th, 2014 Coca Cola thought that their brand new "Personalized bottle" invention would bring lots of sun to it's customers on the summer. But instead it met the Internet. You see it let's customers write their own short messages in the label but for some strange reason it started to block things that were completely appropriate. For example "Black Lives Matter" and "Gay pride" which is completely ridiculous right? People thought that they had to do something about this outrageous mistake so they decided to call out the company and they eventually fixed the mistake and apologized to everyone. Now you can still personalize your bottle without any bothers.

https://www.cnn.com/2021/06/23/business/coke-label-fail/index.html

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In 2010, Activia was being sued for there ad Campaign claiming that the yogurt had special bacterial ingredients. As a result, the yogurt was sold at 30% higher prices than other similar products .However, the Cleveland judge overseeing the case said that these claims were unproven . The lawsuit against Dannon began in 2008, when consumer Trish Wiener lodged a complaint. on top of the fine of $45 million,Dannon was ordered to remove “clinically and “scientifically proven” from its labels, according to ABC.

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Suave hair products claimed that it helped nourish, smooth, cleanse, repair, and to reduce hair loss but DMDM hydantoin an ingredient in the suave shampoo and conditioner caused hair loss and scalp irritation. A nationwide class nation lawsuit was filed against the company and caused thousands of consumers to experience hair loss and scalp irritation. Suave used the 3rd function of packaging which is by promoting an image on the bottle. Another one was the last function of packaging which was meeting customers needs because the bottle was reasonable size. Suave used environmental bottles which means it’s recyclable.

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The King Hawaiian company has recorded a claim against ALDI, charging the markdown retailer of making its store-brand Hawaiian sweet rolls see fair a small as well much like King’s Hawaiian’s signature item.

With comparable bundles, typeface and “the item also utilize of the color orange,” King’s Hawaiian says ALDI’s sweet rolls “intentionally and willfully utilize item bundling that's confusingly similar” to King’s Hawaiian. The company claims ALDI “has received and utilized its deceptively-similar bundling with the expectation to exchange off the gigantic goodwill that King’s Hawaiian has earned.”

Source:https://couponsinthenews.com/2015/10/27/aldi-sued-again-over-lookalike-

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Usually when labeling something you make sure it goes with what the product is , for example these are hamburger buns but the labeling says hot dog buns. This is a simple mistake that can be fixed by just changing the label to hamburger buns “When companies invest in services such as roll label printing, sheet labels, or cut-to-size printing, they don’t expect for there to be any mistakes on the finished product” https://www.sheetlabels.com/blog/9-funny-product-labels-a-few-mistakes-you-should-avoid