CALIFORNIA CRIMINAL LAWYERS

Los Angeles Mislabeling of Food

Consequences of Mislabeling Food in California

Mislabeling food is a deceptive act that can happen in grocery stores or restaurants. It is a criminal offense that is punishable under Health and Safety Codes in California. Mislabeling can be intentional or through negligence, but regardless of the cause, it is illegal. Mislabeling can happen with various types of products and not just meat products, as labels can easily be changed with produce and bakery items.

“Honest Presentation of Food” Law

The state of California has established criminal penalties to protect consumers who purchase goods from grocery stores and restaurants. The law that governs the mislabeling of food is referred to as the “honest presentation of food.” This law has several components, which include labeling food for human consumption and labeling in a way that doesn’t mislead the consumer. When mislabeling is performed, it is often done with an intentional mindset or with a criminal motive.

Examples of Mislabeling

Mislabeling can come in many forms in restaurants or bakeries. Some establishments might serve less expensive cuts of meat while marketing it as a premium cut of meat. In contrast, some bakeries might use regular flour instead of wheat flour or claim that their product is gluten-free, while it is not. Additives and food colorings are also not allowed to cover up the true appearance of most foods as this is deceptive to the consumer.

Legal Consequences of Mislabeling

Mislabeling food is a misdemeanor in California. The consequences of the offense include a maximum sentence of six months in prison and a fine of $25 to $1,000. The fines can be more or less depending on the severity of the offense. If the defendant has prior convictions, the attorney can help by asking the court for probation or decreasing the jail time.

Defense for Mislabeling

One common defense for mislabeling is that the labeling was done unintentionally. In such cases, the charge can be reduced or dropped altogether if the defendant’s legal team can prove that the mislabeling was done inadvertently. However, if there is enough evidence to establish that the mislabeling was deliberate, the consequences can be severe.

Conclusion

Mislabeling food could come with severe legal consequences. It is important to be truthful in labeling food for consumption in grocery stores and restaurants. Business owners, managers, and employees should be aware of the legal consequences of mislabeling food products. Consumers rely on clear labeling of food products, and deceit could come at a high cost.