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By Stephen Fox (about the author) Page 1 of 1 page(s)
For OpEdNews: Stephen Fox - Writer Asda wins court fight over sweetener claim
In publicity for its "Good for you" range, Asda promised: "No hidden nasties - no artificial colours or flavours, no aspartame and no hydrogenated fats."
Ajinomoto accused Asda at the High Court in London of malicious falsehood and said it was trying to protect the reputation of its products. The firm, who have been given time to consider appealing, has a 45% share of the European aspartame market.
But Mr Justice Tugendhat ruled that the words complained of - on food packaging and a cola drink - did not mean that aspartame was potentially harmful or unhealthy.
He said the publicity was trying to convey the message "if you the customer think that aspartame may be bad for you, or unpleasant to taste or consume, then this product is for you".
The judge said Ajinomoto had claimed that the words meant that aspartame is either an especially or potentially harmful and unhealthy sweetener and one which consumers concerned with their health would do well to avoid.
Mr Justice Tugendhat said the case was not just about profits and there was a public interest involved.
"If aspartame is safe, which I have no reason to doubt, then it would be a loss to the public, and deprive them of freedom of choice, if it were to become stigmatised for no good reason."
"No reasonable reader could understand the words as a statement by Asda that all artificial colours and flavours are especially or actually harmful or unhealthy."
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