From Sandy Gooch to Today: Building Brands That Last
I started just after the likes of Sandy Gooch (Mrs. Gooch’s) and John Mackey (Whole Foods Market) who did the right thing and changed retailing forever.
2025 has been an exciting year where retail is focusing on wellness, authenticity, and how it is made.
City and County of San Francisco and David Chiu are to be commended for their efforts to protect consumers from “Food Fraud” and to take "corrective action" in the Ultra-Processed Food Lawsuit.
The vast majority of companies and retailers I know conduct extensive "due diligence" into how it is made and what you can say.
Walmart, Kroger, Publix Super Markets, Costco Wholesale, Sam's Club and many others are excellent examples of retailers who conduct extensive due diligence on products.
You, as a brand/private company have remedies against food fraud and false advertising
In successful lawsuits (often under the Lanham Act and UCL, Bus. & Prof. Code § 17200), businesses can obtain: • Injunctive relief— Court orders to stop the false advertising/labeling, remove misleading claims, or require corrective labeling. • Monetary damages — Compensation for lost profits, harm to reputation, or diverted sales. • Disgorgement of profits— Forcing the defendant to surrender ill-gotten gains. • Corrective advertising costs — Reimbursement for expenses to counter the deception.
Top Federal Laws Allowing Private Enforcement • Lanham Act (15 U.S.C. § 1125(a), Section 43(a)) It prohibits false or misleading advertising/labeling that harms another business in interstate commerce - applies to food products. Proven in cases like POM Wonderful v. Coca-Cola (misleading juice labeling).
Many states have "little FTC Acts" or unfair competition statutes that allow businesses (and often consumers) to sue privately and these mirror federal prohibitions on deceptive practices
California (most active for food cases): • Unfair Competition Law (UCL, Bus. & Prof. Code § 17200) — Broadly prohibits unlawful/unfair/fraudulent practices. • False Advertising Law (FAL, § 17500) — Targets untrue/misleading ads. Remedies include injunctions and restitution; businesses can sue competitors. • Other states: Similar UDAP (Unfair and Deceptive Acts and Practices) laws in New York, Tennessee, Illinois, Massachusetts, Florida, etc., often allowing competitor suits.
All brands doing the right thing- YOU GOT RIGHTS!
2026 will see more enforcement not only in the UPF case but others involved in "food fraud".
0 comments