Food For Thought

Long gone are the days when good  food sold itself , the Yale University Rudd Center for Food Policy & Obesity, found the fast food industry spent over $4.2 billion on marketing and advertising on television, Internet, social media sites, and mobile applications in 2009.(source . This startling statistic caused the battalion to throw around the idea “If the fast food industry spends this much on advertisement. How much do they spend on the food??? ” Then a point was brought up about the latest taco bell commotion obviously “the beef come cheap”  According to the USDA, which regulates the nation’s meat supply, “taco meat filling” is required to contain at least 40% fresh meat and must be labeled with the product name, including the word “filling.” WOW 60 percent mystery. was first made aware of some of these practices a few years ago being an antagonist of puffery in any form of advertisement. This conversation lead us to discuss the “Food Fight” lawsuit between Pizza Hut and Papa Johns that left the national audience To bring those new to the marketing and advertising community up to snuff. Pizza Hut took their in state rival Papa Johns to the woodshed with claims that Papa Johns purposely mislead consumers about the freshness of their ingredients. Papa John’s marketing slogan had been, “Better Ingredients. Better Pizza.” After some subliminal jousting between the two on national television. Pizza Hut then went for a hay-maker that would give boxing promoter Don King a moment.  Pizza Hut then president filed papers to a Dallas Federal District court

Under Section 43(a) of the Lanham Act, “a plaintiff must demonstrate that the commercial advertisement or promotion is either literally false, or that it is likely to mislead and confuse consumers.” Pizza Hut relied on a theory that Papa John’s ads were deceptive and were intended to mislead purchasers of pizza.

On appeal, the 5th Circuit threw out the verdict. Their decision points out that a prima facie case of false advertising under Section 43(a) (codified at 15 U.S.C. Section 1125) requires that the following occur:

  1. There is a false or misleading statement of fact about a product.
  2. Such a statement either deceives of had the capacity to deceive a substantial segment of potential consumers.
  3. The deception is material, in that it is likely to influence the consumer’s purchasing decision.
  4. The product is in interstate commerce.
  5. The plaintiff has been or likely will be injured as a result of the statement at issue.  (Sources

To make a long story short through this lengthy trial pizza lovers  found out that neither Papa Johns nor Pizza Hut used fresh  tomatoes in their sause.  Pizza Hut’s  tomato sauce is cooked and then bagged before water is added at the restaurant, whereas Papa John’s is canned before being reheated. YUM!!! so again all that money on advertising but the food gets burned.

The USDA doesn’t regulate what companies such as restaurants can describe to their customers in advertisements as “beef,” “chicken” or “meat,” USDA press officer Neil Gaffney said.

The Federal Trade Commission is the agency that regulates whether advertising is deceptive. The FTC has no specific rules that define what can be advertised as meat or beef, said Betsy Lordan, an FTC spokeswoman(sources

22 thoughts on “Food For Thought”

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