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Food & Beverage

  • Food & Beverage
Keegan & Donato Consulting, LLC

Food & Beverage

Case Summary: A Flavor Claim and Class Certification

The plaintiffs, representing a proposed consumer class, claimed a packaged food was mislabeled because its flavor did not come mainly or solely from the fruit pictured on the front label. They argued that this omission misled consumers who wanted a product flavored mainly by that fruit.

The plaintiffs’ expert ran a consumer survey on confusion about the flavor’s source and on how the claim affected expectations and product choice. It supported the allegations and class certification.

MatterProposed consumer class action over a packaged food label
Our roleRetained by the defendant
WorkCritique of the opposing survey, plus an independent materiality study
DesignTest versus control, nationwide purchasers

The Case

Our engagement

The defendant retained us for two tasks: to evaluate the validity and reliability of the opposing survey, and to design and run an independent study on whether the claim mattered to consumers.

Problems we found in the opposing survey:

Leading questions that overemphasized the disputed issueConditions that did not mirror real shoppingAn inappropriate side-by-side comparison formatIncomplete and overlapping answer choicesSamples too small to be statistically reliable

Our own study surveyed hundreds of relevant purchasers nationwide, using a test-versus-control design. The test group saw the product as labeled. The control group saw an identical product with a modified, more qualified claim.

Findings

Even taking the opposing expert’s data at face value, the shift in consumer understanding between the original and modified labels was small and not statistically significant.

In our study, a majority of consumers had no interest in the contested claim. Among those who did, there were no statistically significant differences in appeal, purchase intent, or perceived value for money between test and control. On the key measures, the study did not detect statistically significant differences at the 95 percent confidence level. Absence of a statistically significant difference is not, by itself, proof of statistical equivalence.

By isolating the claim and avoiding the leading and unreliable design choices of the opposing survey, the study gave reliable evidence that the contested claim was not material to purchasing decisions.

How much will a survey cost?

Every study is built around the needs of the case, so the cost depends on the design.

See Rates & Fees

Do you have a case like this?

Call us to talk through how survey evidence could fit your matter.

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