Health conscious and confused: why 'healthy' trade marks matter to consumers

Consumers increasingly seek out and pay more for foods with particular characteristics or qualities. Consumers, for example, often choose foods that are free-range or that are produced sustainably or come from a particular region. Many consumers also seek out ‘healthy’ foods. Indeed, the demand for ‘healthy’ foods has risen dramatically in recent years as consumers select foods that are healthy, natural, organic, fresh, paleo, whole or super. A 2015 global survey of over 30,000 individuals, for example, found that the health characteristics of foods are imperative to consumer choices, with over 80 per cent of respondents willing to pay more for products that claim health benefits. Given that food manufacturers and marketers may use trade marks to ‘health wash’ their products by making unsubstantiated, exaggerated or misleading claims about the health qualities or status of their food products, this article examines ‘healthy’ trade marks. More specifically, this article argues that ‘healthy’ trade marks matter, and that the issue requires further attentio