Office of the Attorney General News Release Archive

Thursday, November 2, 2000


Protects Texan consumers from improper labeling

AUSTIN - Texas Attorney General John Cornyn today announced an assurance of voluntary compliance (AVC) with Southern Foods Groups, and its wholly owned divisions Oak Farm Dairy, Schepps Dairy and Foremost Dairy, filed in Travis County District Court in Austin. The agreement will resolve the alleged violation of labeling laws in regards to Southern Foods' orange juice.

Southern Foods and its divisions manufacture and distribute beverage products, including orange juice, and distribute these products to various retail outlets throughout Texas and other states. The Texas Department of Health (TDH) regulates the labeling of manufactured foods such as those Southern Foods distributes. The State and TDH allege that Southern Foods operated in violation of labeling laws when they labeled orange juice bottles, "GOOD SOURCE OF CALCIUM," when the orange juice did not contain any calcium.

Under the terms of the agreement, the company agrees that it:

  • will not engage in sale, marketing, or distribution of misbranded food;
  • will not engage in sale, marketing, or distribution of food that does not have accurate and complete labeling information including each, every and all nutrient content claims.
  • will institute policies and procedures to better monitor the information it puts on the labels for its products.

By entering into this agreement, Southern Foods agrees and voluntarily assures the State and TDH that from the date of signing the AVC, they shall not make the above misrepresentations. Additionally, the State will receive $250,000 for civil penalties, attorney's fees and investigative costs incurred by the Office of the Attorney General and TDH in pursuit and resolution of this matter.

This case was handled by Assistant Attorney General Leela Fireside, in the Austin office of the Attorney General's Consumer Protection Division.

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Contact Mark Heckmann, Heather Browne, or Tom Kelley at (512) 463-2050
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