FOR IMMEDIATE RELEASE
MAY 14, 2007

CONTACT: Lauren Poplawski
202.448.9289
lpoplawski@qorvis.com

Matt Lauer
202.448.3127
mlauer@qorvis.com

Fearing Damaging Verdict,
Johnson & Johnson Settles Splenda Misleading Advertising Lawsuit
France Also Bans Splenda’s False Advertising

Washington, D.C. [May 14, 2007] – Johnson & Johnson extended their deceptive marketing practices by buying the silence of the jury and settling in Merisant Co. v. McNeil Nutritionals.  The case called into question Johnson & Johnson’s motives behind the marketing slogan “Made from sugar, so it tastes like sugar” and whether they were aware it was leading consumers to believe that Splenda is somehow natural, or more natural than other artificial sweeteners.

According to the Associated Press, just minutes into the deliberations last Friday, the jury requested a calculator and a white board, thus signaling they would side with Merisant and impose damages on Johnson & Johnson for misleading consumers.  

The Sugar Association has a similar lawsuit pending against Johnson & Johnson, scheduled to go to trial in California this November.  With the settlement of the Merisant case, the American consumer continues to be shortchanged by the ongoing cover-up of the truth. For that reason, the lawsuit against Johnson & Johnson on behalf of thousands of sugar farmers will go forward with an even greater sense of urgency.

“The Merisant case clearly shows that the makers of Splenda have knowingly misled consumers,” said Andy Briscoe, President and CEO of the Washington-based Sugar Association, which represents thousands of sugar farmers from across the nation. “We look forward to raising the same concerns in our trial this fall.”

Dan Callister, with Squire Sanders & Dempsey, attorneys for the Sugar Association said, “We know because of evidence presented at trial that it was greatly to Johnson & Johnson’s advantage to mislead American consumers. We know that Johnson & Johnson knew they were misleading consumers and did nothing. It is clear the jury was outraged and wanted to punish Johnson & Johnson and immediately asked for a calculator. We know Johnson & Johnson then rushed to court and paid millions to persuade Merisant to agree to a secret settlement. We know all of this was done for money and with no concern for the American consumer. We relish the chance to let a California jury get the opportunity to finally do what a Philadelphia jury desperately wanted to do. They wanted to teach Johnson & Johnson that it is wrong to mislead consumers about what they are eating. It is wrong to tell them they are eating sugar when they are eating a chlorinated chemical.”

The case against Splenda was brought by Merisant, manufacturer of the artificial sweetener Equal®, and comes after three other verdicts have found the slogan to be misleading. Governing bodies in New Zealand, Australia, and, most recently, France have ruled the slogan confuses consumers and have ordered McNeil Nutritionals and Johnson & Johnson to ban using it in future marketing.

The Sugar Association demands that Johnson & Johnson do the right thing for consumers and take appropriate steps to correct their ads so that they are completely truthful.  If you would like to be involved or for more information on the Sugar Association’s effort to educate consumers and encourage regulatory agencies to take action to stop consumers from being misled by Splenda’s false advertising, access www.TruthAboutSplenda.com.

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