dsnodgrass

Cross-posted from DK GreenRoots.

Leading organic watchdog the Cornucopia Institute has registered a formal complaint with the USDA against retail behemoth Target for falsely representing Silk brand soymilk as organic in newspaper advertisements. The allegation states the following (pdf):

Specifically, Target Corporation advertised Silk soymilk in newspapers with the term “organic” pictured on the carton’s label, when in fact the product’s manufacturer, Dean Foods’ WhiteWave division, has been sourcing this product line with conventional soybeans. The newspaper ads potentially reached millions of consumers in the Midwest, and possibly nationwide, with the false representation.

This is not the first time Target has been accused of organic mislabeling. They were named in a 2007 class-action suit for selling conventional milk in Archer Farms cartons which bore the seal of organic certification. That lawsuit is currently pending and both Target and Aurora, who were the producers of the Archer Farms milk, dispute this allegation.

In the area of Target’s recent newspaper ads, it appears that officials at Cornucopia are choosing a relatively non-cynical approach when it comes todiscussing intent.

“Either this was a willful attempt to deceive customers and defraud them or more likely incompetence and lack of oversight by management,” said Mark Kastel, an analyst for the Wisconsin-based Cornucopia Institute. “I would guess this was done in error. It is hard to believe that people at this company were stupid enough to think they could get away with this.”

[...]

Kastel said Target’s actions amount to creating an “organic light” product in the marketplace. “Major food processors have recognized the meteoric rise of the organic industry — and profit potential,” he said.

Joan Shaffer, a spokeswoman for the USDA’s National Organic Program in Washington, D.C., said the Cornucopia Institute’s complaint will be reviewed to determine what the next step should be. “If it warrants an investigation, we will do an investigation,” she said.

Target could be fined for a “willful violation” of organic certification regulations, Shaffer said.
In the past year, the USDA’s organic program has received 160 complaints alleging bogus organic products, she said.

Whether through incompetence or perceived opportunity, there is no shortage of opportunity for consumer confusion when it comes to organic marketing. Cornucopia has previously encountered a somewhat similar issue with Wal-Mart.

This is not the first time The Cornucopia Institute has found that specialty retailers, like the nation’s approximately 275 co-op grocers, have faced unethical competition from big-box chains. After the group filed complaints with federal and state regulators against Wal-Mart in 2006, also alleging misrepresention of conventional food as organic with improper signage in their stores, the nation’s largest retailer signed consent agreements with the USDA and the state of Wisconsin committing to change their practices.

“Wal-Mart did indeed clean up its act, as we expect Target to do, but it should not take the judicious oversight of an industry watchdog to cause these giant corporations to comply with the law, said Will Fantle, research director for the Wisconsin-based Cornucopia. “One of the reasons these companies can undercut other retailers is they do not invest in the kind of management expertise necessary to prevent problems of this nature from occurring.”

The Wal-Mart complaint, which I had previously written about, involved in-store signage. Some of the signage in question is pictured below. The photos were provided by the Cornucopia Institute and are reproduced here with their permission.