PrepTest 129, Section 3, Question 14

Must Be TrueDifficulty4 of 5
The questionFull text in your LawHub copy of PrepTest 129

Food labeling regulation: Food of a type that(48 more words not shown)

Which one of the following(6 more words not shown)

Reading the argument

The rule is about a type of food that normally contains no fat. Imagine a naturally fat-free drink whose lack of fat is already familiar to most buyers. A maker cannot simply label it “nonfat” under this rule, as though that description distinguished the product from ordinary versions.

There is an exception when most people mistakenly think the type of food contains fat. Suppose a particular kind of cracker normally has none, but most people think it does. A label can correct the mistake by saying that this cracker is nonfat and that the type ordinarily contains no fat. It needs the explanation about the ordinary product as well as the “nonfat” description for the stated permission to apply.

What we’re looking for

Now we need a situation that violates the regulation. We'll check the type of food, what most people believe, and what the label says. Keep the rules' scope in view: they regulate the use of “nonfat” for foods that do not ordinarily contain fat.

Working the answers

  • A

    The bran flakes are not labeled “nonfat.” That does not violate a restriction on using the label. Indeed, when most people already know this type normally has no fat, omitting the label avoids the situation the first sentence prohibits.

  • B

    The regulation does not require a producer to use the “nonfat” label. Lester's lasagna can lack fat without being labeled that way. Moreover, lasagna ordinarily contains fat, so this is not the normally fat-free category addressed by the rule.

  • C

    Garlic baguettes ordinarily contain fat, so the stated restriction on normally fat-free types does not apply. Lester's particular baguettes might be made without fat. The answer does not tell us they contain fat, and we should not invent a false-labeling problem or a separate regulation to make this a violation.

  • D
    Correct

    Applesauce does not ordinarily contain fat, and most people already know that. It therefore fails the condition that could allow the “nonfat” label: most people do not mistakenly believe the type contains fat. Nevertheless, Lester's uses the label. That directly violates the first rule.

  • E

    This meets the stated permission. Most people have the mistaken belief, and the label both calls the product nonfat and says the same is true of all salsas. “Like all salsas” supplies the explanation that this is an ordinary feature of the type, rather than a special feature of Lester's product.

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