It's not just some obscure brands who are receiving criticism over deceptive advertising. At the end of 2023, consumers sued Starbucks because, in their opinion, Mango Dragonfruit Starbucks Refreshers are missing mango, Strawberry Açaí Starbucks Refreshers lack açaí and Pineapple Passionfruit Starbucks Refreshers have no passion fruit.
In such cases, plaintiffs typically argue that companies are going beyond simple marketing hyperbole and misrepresenting their food and drinks — whether it's promising ingredients that aren't there or displaying promotion images that don't match the real-life items.
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There has been a wide range of accusations in recent years: Barilla pasta isn't made in Italy, Burger King's Whoppers are smaller than they appear, and the "boneless wings" served at Buffalo Wild Wings aren't actually chicken wings.
Subway's "100% tuna" sandwiches either partially or completely lack tuna, Taco Bell skimps on the fillings in its Mexican Pizza, Crunchwrap Supreme, and the list goes on.
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"In general, companies can say great things about their product and make any kind of opinion claims they want to make about it. They can even say it's the best in the world," Louis Tompros, an intellectual property attorney at the law firm WilmerHale in Boston, told NPR.
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"Opinion claims about a product are called puffery, and they're perfectly fine under false advertising law. What false advertising law does not allow is a false factual claim," Tompros explained.
While some companies have succeeded in getting cases against them tossed out of court, other legal food fights have pushed businesses to spend a lot of cash on settlements.
Last year, A&W Concentrate Co. agreed to pay up to $15 million to settle claims that its root beer and cream soda weren't "made with aged vanilla," as the labels suggested.
And back in 2014, Red Bull announced it would pay more than $13 million to settle a lawsuit brought by buyers who said the energy drink didn't — as the marketing materials promised — "give you wings."
