How A Dairy Campaign Went Sour Under The Lanham Act
By Randy Miller and Kevin Weigand (August 3, 2017, 11:57 AM EDT) -- Eighty eight percent of consumers are willing to pay more for healthier foods. Manufacturers have responded by focusing marketing campaigns on the health and safety benefits of their products, often at the expense of their competitors. But when Arla Foods portrayed a seven-year-old girl defining a common hormone used to increase milk production in cows as "weird stuff" akin to a "six-eyed monster" with "razor-sharp teeth" and electric fur, a Wisconsin federal judge decided the ad went too far and would likely mislead consumers. Despite Arla's reliance on a small disclaimer and "scientific debate" over the health and safety of dairy products made from cows treated with rBST, the court enjoined Arla's campaign, finding it was likely to mislead consumers into thinking rBST was unsafe, unhealthy, weird and "altogether something you should not feel good about feeding your family."...
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