A group of parents sued Gerber claiming its “Fruit Juice Snacks” product packaging was misleading. The words “Fruit Juice” appeared on the package beside images of fruits such as peaches and cherries. In fact, the only fruit juice in the “Snacks” was white grape from concentrate. A side panel statement said the product was made “with real fruit juice and other all natural ingredients,” but the primary ingredients were corn syrup and sugar. The side panel also displayed the statement, “one of a variety of nutritious Gerber Graduates foods and juices that have been specifically designed to help toddlers grow up strong and healthy.” The actual ingredients were correctly listed in “small print” on the side of the box. Is a “reasonable consumer” “likely to be deceived” by the Gerber packaging? Explain. See Williams v. Gerber Products, 523 F.3d 934 (9th Cir. 2008).
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