Dan Webb Quoted in Associated Press Article on CRA Lawsuit

Winston & Strawn chairman Dan Webb was quoted in the Associated Press’ September 13, 2011 article titled “Sugar and corn syrup makers in bitter clash.”

The article discusses the high-profile false advertising lawsuit against the Corn Refiners Association (CRA) by members of the sugar industry. The suit alleges that the CRA’s advertising campaigns that describe high-fructose corn syrup as “corn sugar” and that refer to the ingredients as “natural” and “nutritionally equivalent to sugar” are false and misleading. Members of the sugar industry say there are many differences between white granular sugar and high fructose corn syrup.

Representing the CRA, Mr. Webb and other lawyers filed a motion to dismiss the lawsuit on grounds that the advertising campaigns in question are protected speech because they shape part of a national conversation that discusses both the value and consequences of high fructose corn syrup and sugar. "At the core of this case is clearly a lawsuit filed by the other side that is attempting to stifle debate,” said Mr. Webb, and additionally argued that the Corn Refiners Association is an industry group that does not directly sell any products, therefore it cannot be sued for false adverting.

In the fall of 2010, the CRA petitioned the FDA for approval to use “corn sugar” as an alternate name for high fructose corn syrup. The FDA is currently weighing the requested name change and it may take another year before a decision is reached.