Sugar farmer suit against corn processors goes forward

  • A federal judge has ruled that the case brought by American sugar farmers against big corn processors to stop their false advertising about high fructose corn syrup (HFCS) must go forward.
  • The lawsuit claims that the CRA has engaged in false advertising about these concerns. As part of this effort the CRA has advertised that HFCS is "corn sugar," equated it with real sugar and called it natural.

A federal judge has ruled that the case brought by American sugar farmers against big corn processors to stop their false advertising about high fructose corn syrup (HFCS) must go forward, the Sugar Association announced.

According to U.S. District Judge Consuelo B. Marshall, who issued two opinions comprising her ruling on Friday, "Plaintiffs have met their burden in showing a reasonable probability of success on their argument that the statements are false." The judge also ruled that the challenged statements in Corn Refiners Association's multi-million dollar campaign "constitute 'commercial speech.'"

Judge Marshall made these rulings, in part, based on documents the CRA and its members had previously submitted to the Mexican government involving a regulatory issue in that country. "There is evidence in the record indicating that Defendants have themselves made statements about the different chemical make-up between table sugar and HFCS," the judge wrote. "Plaintiffs have also submitted studies and papers that support its allegation that CRA's claim that HFCS is sugar and/or natural is false and/or misleading."

According to the lawsuit, consumers have increasingly sought to avoid products containing HFCS because of a wide range of health concerns. The lawsuit claims that the CRA has engaged in false advertising about these concerns. As part of this effort the CRA has advertised that HFCS is "corn sugar," equated it with real sugar and called it natural — none of which is true.

While the corn processors have petitioned the U.S. Food and Drug Administration (FDA) for approval to substitute "corn sugar" for "high-fructose corn syrup" on ingredient labels, the sugar-producing plaintiffs assert that the defendants did not even wait for the FDA's response — which is still pending - before beginning their "corn sugar" re-branding efforts.

"We are gratified by Judge Marshall's ruling and we look forward to a final resolution of our case so that the Corn Refiners Association is forced to end its deceptive campaign aimed at misleading American consumers," said Adam Fox of Squire, Sanders & Dempsey, who argued the case before the court.

Discuss this article 1

Thanks for the article explaining the lawsuit.
As a health teacher, I'm watching this battle. Hopefully the sugar industry will win the lawsuit--not that sugar is a healthy substitute for high fructose corn syrup. The American people just don't deserve to have high fructose corn syrup shoved down their throats.

The corn refiners were wrong to go ahead with corn sugar ads-- and snubbing their noses at the FDA.

They would not have so much money to spend on propaganda if corn subsidies were pulled. Let free enterprise take its course. If the American people do not want high fructose corn syrup in everything, then let us have that choice. Don't change the name to try to deceive us.

And please, please quit trying to get us to drink that artificial red drink (from the commercials). Even Audrae Erickson refuses to answer the question: How much of that artificial red drink do you consume and give to your children?

Sugar and high fructose corn syrup are not healthy additions to foods. Like King Kong and Godzilla, they are both monsters. But in truth, I am a little partial to King Kong--who, in my mind, represents the sugar industry. Real sugar--not high fructose corn syrup. Corn does not have high fructose corn syrup in it--not even the genetically altered Frankencorn that it is synthesized from.

By Windy Daley of Texas (not verified)  on Oct 25, 2011
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