Makes you well all over … cures all aches and pains ….” In the late 19th and early 20th centuries, “snake oil” advertisements for cure-alls and medical miracles peppered newspapers — unregulated and unchecked.

Fast forward to the 21st century: an environment with the Federal Trade Commission, state attorneys general and state consumer protection statutes to oversee consumer communications. Early advertising’s only surviving artifact is the use of adjectives to evoke positive inferences, such as “superior,” “genuine,” “unique” and “natural.” In turn, this adjectivally-based product labeling has precipitated a new trend: food labeling class actions.

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