The Federal Trade Commission has given final approval to a consent agreement with Haagen-Dazs Company, Inc., settling charges that the company made false and misleading low-fat claims for its frozen yogurt line of products. The FTC alleged that Haagen-Dazs represented that its entire line of frozen yogurt was 98 percent fat free and low in fat, and that its entire line of frozen yogurt bars contained 100 calories and one gram of fat per serving. The claims were false for many items in each product line, the FTC charged.
The Commission action today makes the consent agreement binding on Haagen-Dazs, which is based in Teaneck, New Jersey.
Under the final consent order, Haagen-Dazs is prohibited from misrepresenting the existence or amount of fat, saturated fat, cholesterol or calories in any of its frozen-food products. Further, Haagen-Dazs is required to meet the Food and Drug Administration qualifying amount for any nutrient-content claim. Thus, if Haagen-Dazs claims that a product is low fat, the pro- duct would have to meet the specific qualifying amount for fat established by FDA's labeling regulation for low-fat claims. The order would not prohibit Haagen-Dazs from making representations that are specifically permitted in labeling for any frozen-food product under FDA regulations.
The consent agreement was placed on the public record on Nov. 11, 1994, and issued in final form on June 2. The Commis- sion vote to issue it was 4-0, with Chairman Robert Pitofsky not participating.
NOTE: A consent agreement is for settlement purposes only and does not constitute admission of a law violation. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $10,000.
A news release summarizing the complaint and consent agree- ment was issued at the time the Commission accepted the consent agreement for public comment. Copies of that release and of the final order are available from the FTC's Public Reference Branch, Room 130, 6th Street & Pennsylvania Avenue, N.W., Washington, D.C. 20580.
(FTC File No. 942 3028)
(Docket No. C-3582)