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Regulating Communications

Iglesias v. Welch Foods, Inc.


Iglesias v. Welch Foods, Inc. (California Court of Appeals, First Appellate District, October 27, 2020): The California Court of Appeals agreed with a lower court determination that Welch Foods, Inc. could properly list “fruit puree” as the first ingredient in its fruit snacks, rather than the constituent ingredients of the puree. Thomas Iglesias, a regular purchaser of Welch’s fruit snacks, alleged that it sells the product in violation of Food and Drug Administration (FDA) regulations requiring ingredients to be listed by their common or usual name. Iglesias argued that Welch should have to separately list each fruit on the label. If ingredients in the fruit puree were listed individually, sugar would be the first item listed. Noting that “fruit puree” is an established common or usual name within the industry, the court concluded the lower court correctly relied on industry usage practices rather than FDA’s Compliance Policy Guide. Read the full decision here.  

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