NAD Recommends Modifications on Tortilla Packaging - Food and Beverage Litigation and Regulatory Update

Shook, Hardy & Bacon L.L.P.

BBB National Programs’ National Advertising Division has recommended that Gruma Corp. discontinue and modify certain claims on its tortilla products. Olé Mexican Foods, Inc., a competitor, challenged Gruma's packaging claims. NAD said in a news release that it found certain “Zero sugar” and “0G sugar” claims were supported and recommended that Gruma discontinue its “1.5G Total Fat Per Serving” claim on all challenged products. NAD also recommended modifications to the challenged products’ net carb calculation to use total carbohydrates minus dietary fiber for the 54g serving size as well as discontinuation of “0G Sugars” and “Zero Sugar” claims for the Mission Zero Net Carb Sundried Tomato Basil Tortilla. Gruma agreed to comply with NAD’s recommendations.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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