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Smucker sued over '100 percent' fruit label

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Originally posted by: Vic
Originally posted by: Gaard
Jalapeno jam sounds delicious! Think your g/f could beam me the recipe?
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It is 😀
I'll try to PM it to you tonight after I get home.
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Thanks. My wife is Hispanic and we always have peppers with our meals. 🙂
 
atleast they didn't go silly and say like "110% real froot.."


nonetheless if it were 100% strawberrys, then all u would be selling is fruit in a jar
 
We could easily end these crappy suits......do like other civilized nations and if you lose a lawsuit, you pay for the other person's legal fees.......
 
Originally posted by: Jmman
We could easily end these crappy suits......do like other civilized nations and if you lose a lawsuit, you pay for the other person's legal fees.......
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but... but... think of all the lawyers that would be put out of work!! 😀
 
Originally posted by: Jmman
We could easily end these crappy suits......do like other civilized nations and if you lose a lawsuit, you pay for the other person's legal fees.......
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I agree...

Just out of curiosity, if a company such as Smuckers wins a frivilous lawsuit such as this, can they counter-sue for the cost of their legal fees?

Even if it is possible, it is a waste of time, money, and judicial power. I would just like to know 😉
 
We could easily end these crappy suits......do like other civilized nations and if you lose a lawsuit, you pay for the other person's legal fees.......
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I'll go one further. Any attorney deemed to have filed more than one frivolous lawsuit should be disbarred. That should cut down the incentive also since they'd still get paid even if they lose the suit and their client has to pay the legal fees of the defendant.

 
Originally posted by: Jmman
We could easily end these crappy suits......do like other civilized nations and if you lose a lawsuit, you pay for the other person's legal fees.......
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you could also easily end most frivolous lawsuits by litigating each and every one of them out so that plaintiff's lawyers working on contingency fees won't take them anymore, as they won't make money. insurance companies have brough frivolous lawsuits on themselves.
 
Jalapeno Jelly from Kerr Home Canning and Freezing Book (GF insisted I credit her source 🙂 )

3/4 pound whole jalapeno peppers
6 cups sugar
2 cups cider vinegar (5% acidity)
1 3-ounce pouch liquid pectin
10 drops green food coloring, if desired

Wash and halve jalapeno peppers lengthise. Remove stems and seeds. In a food processor or blender, blend peppers and half of the vinegar until smooth. In an 8-quart saucepan, combine sugar, pepper mixture, and remaining vinegar. Bring mixture to a full rolling boil, stirring constantly. Boil hard for 10 minutes, stirring constantly. Remove from heat. Stir in liquid pectin. Return to a full rolling boil and boil for 1 minute, stirring constantly. Remove from heat. Stir in food coloring, if desired. Skim foam, if necessary. Immediately fill hot, sterilized half-pint jars, leaving 1/4-inch headspace. Wipe jar tops and threads clean. Place hot lids on jars and apply screw bands. Process in boiling water canner for 5 minutes.

Yield: 5 to 6 half-pints
 
Originally posted by: Vic
Jalapeno Jelly from Kerr Home Canning and Freezing Book (GF insisted I credit her source 🙂 )

3/4 pound whole jalapeno peppers
6 cups sugar
2 cups cider vinegar (5% acidity)
1 3-ounce pouch liquid pectin
10 drops green food coloring, if desired

Wash and halve jalapeno peppers lengthise. Remove stems and seeds. In a food processor or blender, blend peppers and half of the vinegar until smooth. In an 8-quart saucepan, combine sugar, pepper mixture, and remaining vinegar. Bring mixture to a full rolling boil, stirring constantly. Boil hard for 10 minutes, stirring constantly. Remove from heat. Stir in liquid pectin. Return to a full rolling boil and boil for 1 minute, stirring constantly. Remove from heat. Stir in food coloring, if desired. Skim foam, if necessary. Immediately fill hot, sterilized half-pint jars, leaving 1/4-inch headspace. Wipe jar tops and threads clean. Place hot lids on jars and apply screw bands. Process in boiling water canner for 5 minutes.

Yield: 5 to 6 half-pints
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Oh man you just opened yourself up to litigation. Hopefully Stephanie Schwebels not reading this. Probably has a sensitive sphincter too which jalapeno peppers are notorious for exciting.
 
Simply put, why should Smuckers be allowed to advertise their jam as 100% fruit if it isn't 100% fruit? Is fruit juice fruit? Not even in San Francisco. 🙂, Furthermore, they ask a premium for their jam because of it's alleged high fruit content. Since the label is an obvious lie I think this case will be settled by Smuckers as it should be.

Meanwhile, I have a 100% "electronic" PIII chip for sale.... 🙂, Only$500, cause it's pure "electronics". 🙂,

Anyway, this case is about integrity. Do the right thing. Smuckers has been playing with the truth and even has many of you confused.

It's ok to expect more from manufacturers. Capitalism won't collapse into whimpering Communism over night. Sheezh....

-Robert
 
Originally posted by: charrison
Originally posted by: BDawg
I think the suit is fine. I don't think there should be any damages, but either Smuckers should have to prove their claim or change their claim.
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You like frivilous lawsuits?
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Companies shouldn't make claims without being able to back them up. I don't like frivilous suits, but I don't like companies deceiving the consumer either.
 
Originally posted by: Glenn
We could easily end these crappy suits......do like other civilized nations and if you lose a lawsuit, you pay for the other person's legal fees.......
Click to expand...

I'll go one further. Any attorney deemed to have filed more than one frivolous lawsuit should be disbarred. That should cut down the incentive also since they'd still get paid even if they lose the suit and their client has to pay the legal fees of the defendant.
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I thought of a variation on this. A failed lawsuit automatically gets weighed on merits. If it is found to be frivolous, the atty is fined in proportion to damages sought. In any case, there would be a minimum fine, and it would be severe
 
Companies shouldn't make claims without being able to back them up. I don't like frivilous suits, but I don't like companies deceiving the consumer either.
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but from what i understand, they are telling the truth.

 
Originally posted by: daniel1113
The premium jam also contains fruit syrup, lemon juice concentrate, fruit pectin, red grape juice concentrate and natural flavors

Aren't all of these things fruit or made from fruit?
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Just because they're made from fruit doesn't make them 100% fruit. And if the ingredients for the jam aren't 100% fruit, how can the jam itself be 100% fruit?

 
Originally posted by: PatboyX
Companies shouldn't make claims without being able to back them up. I don't like frivilous suits, but I don't like companies deceiving the consumer either.
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but from what i understand, they are telling the truth.
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Then it isn't an issue. Companies should have to back up claims with proof though.
 
Originally posted by: Gaard

Just because they're made from fruit doesn't make them 100% fruit. And if the ingredients for the jam aren't 100% fruit, how can the jam itself be 100% fruit?
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Then applesauce can never be 100% fruit because it doesn't have the apple seeds.
 
Originally posted by: rjain
Originally posted by: Gaard

Just because they're made from fruit doesn't make them 100% fruit. And if the ingredients for the jam aren't 100% fruit, how can the jam itself be 100% fruit?
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Then applesauce can never be 100% fruit because it doesn't have the apple seeds.
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That doesn't make any sense. Just because the whole fruit isn't being used doesn't make it less than 100% fruit. The fact that other ingredients besides fruit are being used does make it less than 100% fruit.

 
Originally posted by: WinstonSmith

I thought of a variation on this. A failed lawsuit automatically gets weighed on merits. If it is found to be frivolous, the atty is fined in proportion to damages sought. In any case, there would be a minimum fine, and it would be severe
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the courts can fine the attorney for bringing frivolous lawsuits. they seldom do.

what do you mean failed lawsuit? if you mean one that is tossed out for failure to state a claim or settled or wahtever, why would you want to then try it's merits? the point of being able to toss it out or settle is that it is far more efficient than trying the case on the merits.
 
Originally posted by: ElFenix
Originally posted by: WinstonSmith

I thought of a variation on this. A failed lawsuit automatically gets weighed on merits. If it is found to be frivolous, the atty is fined in proportion to damages sought. In any case, there would be a minimum fine, and it would be severe
Click to expand...

the courts can fine the attorney for bringing frivolous lawsuits. they seldom do.

what do you mean failed lawsuit? if you mean one that is tossed out for failure to state a claim or settled or wahtever, why would you want to then try it's merits? the point of being able to toss it out or settle is that it is far more efficient than trying the case on the merits.
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It could be done your way. My idea is one designed to punish. A suit happens. Now, it either wins or loses. If a jury were to find in favor of the accuser, then that's that. If the accuser loses, it may either be because of lack of a strong case, or it may be because a froot loop wants to make a buck on something silly. In the latter case, the attorney and accuser get hammered. The goal isnt to end lawsuits, but to stop the silly ones, and a jury listening to a case would be in a better position to judge after the facts are in. That's all
 
If they're having to put sugar into this stuff then to me it's not 100% fruit. They obviously know how to make jam, and the onviously know that they aren't simply crushing fruit and throwing it in a jar so to claim 100% fruit is deliberately misleading. I say this because they know most people don't know two sh1ts about making jam and they could be swayed into thinking that there is in fact nothing but fruit in the jar. Most people like the idea of natural food product so that is an obious selling point, and Smuckers exploited that angle. Perhaps instead of claiming "100% fruit" they could offer "frutiier than your cross dressing uncle" or something to that effect?
 
Originally posted by: Gaard
Originally posted by: rjain
Originally posted by: Gaard

Just because they're made from fruit doesn't make them 100% fruit. And if the ingredients for the jam aren't 100% fruit, how can the jam itself be 100% fruit?
Click to expand...
Then applesauce can never be 100% fruit because it doesn't have the apple seeds.
Click to expand...

That doesn't make any sense. Just because the whole fruit isn't being used doesn't make it less than 100% fruit. The fact that other ingredients besides fruit are being used does make it less than 100% fruit.
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Is fruit pectin not part of a fruit?
Is fruit juice not part of a fruit?
 
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