Alarmed by the sweetener Splenda’s steady rise in consumer popularity and market share, organized sugar producers in December filed a California false-advertising suit against distributor McNeil Nutritionals, a unit of Johnson & Johnson. The lawsuit challenges the artificial sweetener’s slogan “made from sugar, so it tastes like sugar”, on the grounds that sucralose, the active ingredient in Splenda, is produced using chemical processes, even if sugar does happen to go into it. A number of private lawyers are pursuing similar theories in consumer lawsuits pursuing class-action status. In turn, J&J has struck back with a lawsuit against the Sugar Association and other defendants alleging a “malicious smear campaign” aimed at undercutting consumer confidence in the sweetener’s safety. (Patrick Walters, “Splenda’s maker sues sugar producers”, AP/Detroit Free Press, Feb. 9; Laura Petrecca and Holly M. Sanders, “Sweet and Low”, New York Post, Feb. 13; Claire Cummings, “Splenda sugar substitute receives praise, lawsuits from consumers”, State News (Michigan State U.), Feb. 16). Update: National Law Journal coverage of controversy (Apr. 8).

Filed under: class actions, Detroit, Michigan