Mislabeling (Misbranding)

Mislabeling means a product's label says something untrue or misleading, or leaves out information the law requires. Under the federal Food, Drug, and Cosmetic Act, mislabeled food is called "misbranded." Under 21 U.S.C. 343, a food is misbranded if its labeling is false or misleading in any particular. The same statute covers foods sold under the name of another food, missing ingredient statements, and unapproved health claims. Similar rules apply to drugs, supplements, and cosmetics.

Examples include a supplement that contains less of an ingredient than the label claims, a "natural" product with synthetic ingredients, a protein bar with more sugar than stated, a food labeled as imported when it is not, or a product that leaves out a major allergen. Mislabeling can also be dangerous when it hides an undisclosed drug or contaminant.

The federal food and drug law does not give consumers a right to sue, so mislabeling class actions are usually brought under state consumer protection and false advertising laws, such as California's, along with warranty and unjust enrichment claims. The typical remedy is a refund or a "price premium," the extra amount buyers paid because of the claim. Payouts per person are often small, and many settlements allow claims without receipts up to a cap. Injury claims are separate and require proof of harm.

Keep packaging or photos of the label and your receipts when you can. See supplement mislabeling lawsuits, the Kerrygold butter lawsuit, the Joint Juice settlement, and our guide on settlements with no proof of purchase.