Question: On May 16, 2003, Sari Smith filed a class-action lawsuit in Cook County, Illinois, against J.M. Smucker Co. on behalf of [a]ll purchasers in the

On May 16, 2003, Sari Smith filed a class-action lawsuit in Cook County, Illinois, against J.M. Smucker Co. on behalf of "[a]ll purchasers in the United States of America of spreadable fruit products labeled 'Simply 100% Fruit' manufactured, produced, and sold by J.M. Smucker Co. excluding its directors, officers and employees" for consumer fraud, deceptive business practices, unjust enrichment, and breach of warranty, alleging that Smucker's Simply 100% Fruit products do not contain 100 percent fruit. The premium jam's label indicates that, for example, its Strawberry jam also contains "fruit syrup, lemon juice concentrate, fruit pectin, red grape juice concentrate and natural flavors." Is the label a form of deceptive advertising? If you were a Smucker's executive, what would you argue in the case on deceptive ads? [J.M. Smucker Co. v. Rudge, 877 So. 2d 820 (Fla. App.)]

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A good argument to make is that while all of the ingredients are not strawberr... View full answer

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