June 19, 2011 by Suzy Badaracco — President, Culinary Tides Inc
*If you want to know what is going on, read Part I first.
The Judge prompted him further, “And….”
“And Dr. Oz also had a 20 minute segment on his show to reposition the diet toward its intended audience, the ones who need it for verified medical reasons.” The gluten free attorney sat down again and looked at the floor as if checking to see if his shoes were tied correctly.
The Judge looked out at both sides of the court room. “I have heard all the evidence and believe that consumers are not stupid and certainly do not want to remain ignorant or feel mislead on any topic in their lives. Now that this trial is a matter of public record, these misunderstands have been revealed and I hope corrected.”
She turned towards the Defendants and continued, “Let me remind you of what happened to “Natural”. At first it was embraced and even insisted upon by consumers but now look where it is at. The FDA is being pressured to define it, Mambo Sprouts Marketing and other researchers have found that consumers feel tricked and deceived by the term. CSPI has already sued, and won favor, over misuse of the term “natural”. Remember last Fall when Ben and Jerry's agreed to remove the "all natural" labeling from all ice-cream and frozen-yogurt products? The move was in reaction to CSPI who stated in a letter to their owner, Unilever, that using "unnatural" ingredients, such as alkalized cocoa, corn syrup and partially hydrogenated soybean oil, and then calling the product "natural," constitutes a "false and misleading use of the term."
Wanting to drive the point home she added, “And let’s not forget another study by Mambo Spouts Marketing that found that 34% of consumers expressed a lack of confidence in "natural" claims on product labels, and 65% said they would welcome uniform certification of natural products. And they don’t want certification to come from manufacturers but from a non-profit organization or government.”
The court room remained silent, waiting to see what would happen next. The Judge then addressed each party with her own advice and predictions.
She turned to Organic first, “Organic, although you do reap some benefits from consumer misunderstanding of what you actually are, there is also distrust of you just as Natural is distrusted. Your numbers also are tied to the economic climate as your numbers always are the first to drop during an economic crisis. So if some consumers walk away from you once more educated don’t take it so hard as some will never change their misperceptions despite education.”
Next was Kosher and Halal, “Because the majority of your followers are motivated by religious reasons, the impact of education and potential abandonment by misled consumers will not be as great as the other two groups. Although, for you Halal, I would keep one eye open because you carry the extra little known fact that you do not stun cows, rendering them unconscious, before slitting their throats – you do it while they are fully awake. Americans aren’t going to be too hot on that idea when they find out.”
Addressing gluten free she said, “And you, gluten free, has bigger problems then the ADA and Dr. Oz. Now you have the Dukan Diet entering the States and while it too has many adversaries, it still remains a threat and could draw consumers who mistakenly think you are a weight loss tool away from you. And if not the Dukan Diet, then whatever the next diet trend is will. As for the consumers who think you are more healthful, that eventually will be corrected as well. Remember, about 80% of consumers claiming to follow a gluten free diet or using gluten free products – don’t actually need you at all! But you are a much needed diet for a small minority of consumers so expect your numbers to be downsized and for you to be repositioned correctly towards the medically intended audience.”
The Judge brought her gavel down and with a nod to the prosecutors, turned back towards the bailiff. “Who do we have next on the docket?”
The bailiff flipped the sheet on his clipboard, “Next up, the Sugar Industry vs. High Fructose Corn Syrup, all rise please.”