After investigating an anonymous complaint, the Electronic Retailing Self-Regulation Program (“ERSP”) has recommended that Sun Basket, Inc., modify or discontinue claims relating to its meal delivery service. Sun Basket claims that its food products are “healthy,” “organic” and “lean and clean.” According to the complaint, parts of Sun Basket’s website suggested that all of its products were organic, and the claims about food being “healthy” did not explain why any given foods were healthy.
After ERSP began its investigation, Sun Basket voluntarily changed its marketing, including clarifying that not all of its products are organically produced. Despite the voluntary changes, the ERSP determined that Sun Basket’s claims still failed to adequately communicate that it uses organic ingredients wherever possible.
Separately, ERSP determined that Sun Basket’s use of the words “healthy” and “clean” were not inappropriate, and did not recommend any additional action.