Recently, a major lawsuit between sugar companies and corn refiners was settled during the middle of trial. The case, which revolved around an ad campaign regarding high fructose corn syrup, was brought by a number of sugar refiners. The sugar refinery companies stated in their 2011 case that a Corn Refiners Association ad campaign, which stated that high fructose corn syrup was “corn sugar” and “natural”, was false and misleading.
The corn refiners countersued by saying that the Sugar Association made false statements in their newsletter that corn syrup was a contributing factor to obesity and cancer in individuals. The corn refiners also stated that sugar processors were not damaged because the ad campaign resulted in record sales and revenue for the organization.
In a joint statement released after the case settled, both parties stated that they are committed to encouraging safe and useful of all products including moderate consumption of sweeteners, such as table sugar and high fructose corn syrup.
Analysis
The above case in question brings up several issues. To begin with, a business needs to be aware of how they advertise their product. Falsely advertising an item could potentially lead to a lawsuit. In addition, a company should consider all aspects of their product and determine how to market their item without potentially alienating another organization.
At the same time, all parties need to make sure that they do not make any statements that could be considered malicious or degrading to a certain business or group of people. Doing so could result in a lawsuit or boycott of the product in question.
Conclusion
If an individual or company is unsure how to market a product, it can be useful speaking with a business attorney. A lawyer can provide insight as to how an organization may want to market their goods without offending another group of people, such as a business or certain individuals. In addition, the attorney can explain some ways to market a product that could benefit the company and help them achieve their financial and sales goals. Lastly, a lawyer can assist the business in determining how to best describe their product for marketing purposes without infringing on a similar but unrelated type of product.