Artificial sweetener under fire

Nutrition Health Review, Summer, 2004

False advertising lawsuits are mounting against chemical sweetener manufacturer Johnson & Johnson/McNeil for claims made about its chlorinated artificial sweetener Splenda[R]. Five separate lawsuits across the United States have been filed thus far--three state Consumer Class Action suits and two independent federal suits.

The complaints focus on violations of the Federal Lanham Act and violations of Florida and California statutes, all of which are designed to protect consumers against misleading corporate statements. All complaints allege deceptive and/or misleading representations made by Johnson & Johnson/McNeil in advertisements and marketing terminology in order to attract customers to purchase and consume the artificial sweetener Splenda[R].

In its advertisements and on its product packaging, Splenda[R] claims that it "is made from sugar, so it tastes like sugar." According ot the suits, statements like this mislead consumers into thinking that Splenda[R] is natural sugar without calories. In fact, Splenda[R] is not natural and may not taste like sugar. The sweetness of Splenda[R] derives from a chlorocarbon chemical that contains three atoms of chlorine in every one of its molecules.