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Consumer Law Keyed to Pridgen, 5th Ed.
Kraft, Inc. v. Federal Trade Commission
Citation:
970 F.2d 311 (1992)Facts
Kraft Singles are process cheese food slices competing against imitation slices in the individually wrapped cheese market. In the early 1980s, Kraft lost market share to less expensive imitation slices advertised as equally nutritious. Kraft responded with the “Five Ounces of Milk” campaign, running “Skimp” and “Class Picture” advertisements nationally between 1985 and 1987. The ads emphasized that Kraft Singles were made from five ounces of milk and focused on calcium content to capitalize on consumer health concerns. However, approximately 30% of calcium in the milk was lost during cheese processing, and most imitation slices contained essentially the same calcium content (15% RDA) as Kraft Singles. Despite warnings from ABC television, Kraft’s advertising agency, consumer groups, the FTC, and California Attorney General, Kraft continued running the ads with only minor modifications, believing the campaign was responsible for reversing declining sales.
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