The sugar companies and associations said that they joined the suit because they have witnessed increased confusion and frustration among consumers who are reacting to the high-fructose corn syrup industry’s mass-media rebranding campaign.
“The corn processors have been trying to mislead consumers for more than two years and now claim in their public statements and advertising that a name change would more ‘accurately describe’ high-fructose corn syrup,” said John Sheptor, president and CEO of Imperial Sugar Company. “The attempted name change is an intentional effort to deceive consumers and, most disingenuously, it’s being done under the guise of consumer clarity. We are taking a stand to challenge this marketing ploy for what it is.”
The corn processing industry petitioned the US Food and Drug Administration (FDA) last autumn for approval to substitute ‘corn sugar’ for ‘high-fructose corn syrup’ on ingredient labels.
The suit, filed in US District Court in Los Angeles, charges that the ‘corn sugar’ rebranding campaign financed by the corn processing industry’s giant companies constitutes false advertising under federal and state law. The suit argues that the processors’ $50m campaign was launched as a way to stem declining sales of high-fructose corn syrup.?
In addition to the Sugar Association and the American Sugar Cane League, American Sugar Refining, Amalgamated Sugar Company, Imperial Sugar Company, Minn-Dak Farmers Cooperative and the US Sugar Corporation have joined the lawsuit. Original plaintiffs include Western Sugar Cooperative, Michigan Sugar Company and C&H Sugar Company Inc.
Companies named as defendants include Archer Daniels Midland, Cargill, Corn Products International, Penford Products, Roquette America, Tate & Lyle Ingredients Americas, and the companies’ lobbying and promotional organisation, The Corn Refiners Association.
“Petitioning the FDA for permission to change the name of high-fructose corn syrup to ‘corn sugar’ shows that the corn processors prefer to mislead consumers rather than address the negative public perception issues with their product,” Sheptor said. “With the FDA moving deliberately, the corn processors have now resorted to lobbying members of Congress and Administration officials to influence the FDA’s decision-making process in favour of their petition. These efforts to politicise the FDA process only serve to undermine a balanced scientific review by the agency. This threatens the integrity and public trust of what should be a deliberative scientific process.”
The suit asks for an injunction to end the advertising campaign and undetermined damages, including compensation for corrective advertising.
According to the complaint, consumers have increasingly sought to avoid food and drinks containing high-fructose corn syrup because of its possible connection to nutritional and health problems, or simply to avoid non-natural ingredients.
Source: Imperial Sugar Company
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