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Dismissal of Suit Against TV Program Upheld
A television station's report that two stores in the D'Lites chain of dietary ice cream franchises were mislabeling their “small” portions as low calorie and low carb was “substantially true,” and a defamation claim by a franchise owner was properly dismissed, a Manhattan appeals court said on March 15.
An eight-minute segment on the local Fox affiliate show, “Shame, Shame, Shame,” reported that the portions tested contained at least four times more calories, fat, sugar and carbohydrates than D'Lites claimed. The chain advertises its “proprietary frozen dessert is a healthier alternative to regular ice cream.”
An Appellate Division, First Department, panel found reporter Arnold Diaz had “personally visited the two stores featured in the report, conducted lab tests of samples through an independent expert, and spoke to the owners of at least one store as well as the D'Lites ice cream owner, inventor, and national licensor.”
Diaz reported that portions served at the two stores “swirled well above the rim of the 'small' cup labeled '50 calories,'” and therefore “the customer received well over the 40-gram, or 50-calorie, serving set forth on the nutritional label,” the panel said.
Diaz's “statements that D'Lites ice cream was not healthy was an expression of opinion,” it added.
' Ben Bedell, Law.com
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SAG-AFTRA's Influencer Agreement and Waiver
For years, the legal framework governing the collaboration between influencers, advertisers and brands has been comparable to the Wild West, presenting multiple legal challenges to navigate. Influencer marketing exponentially grew when the COVID-19 pandemic drew performers to social media as the principal outlet to connect with their audience. As a result, SAG-AFTRA decided to venture into the fast-growing influencer market.