A federal judge has ruled that the maker of Splenda must defend its advertising tagline that the product is "made from sugar so it tastes like sugar." Merisant Co., which makes Equal and NutraSweet,
charges that Splenda parent McNeil Nutritionals misleads consumers by suggesting it is a natural product and contains sugar. Splenda contains no sugar; it is sweetened with a synthetic compound
through a chemical process.
U.S. District Judge Gene E.K. Pratter refused McNeil's motion to dismiss the suit, along with challenges over expert witnesses. The opinion paves the way
for an April trial replete with experts in fields from consumer marketing to neurobiology.
"The phrase "made from sugar," may seem simple enough, and may eventually prove not to be
misleading to consumers, but it has spawned a(n) epic battle among the parties over proper diction and syntax," Pratter notes. Sales of Splenda, introduced in the U.S. in 1999, have soared from about
$65 million in 2001 to more than $346 million in 2004.
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