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Dismissal of Suit Against TV Program Upheld

A television station's report that two stores in the D'Lites chain of dietary ice cream franchises were mislabeling their “small” portions as low calorie and low carb was “substantially true,” and a defamation claim by a franchise owner was properly dismissed, a Manhattan appeals court said on March 15.

An eight-minute segment on the local Fox affiliate show, “Shame, Shame, Shame,” reported that the portions tested contained at least four times more calories, fat, sugar and carbohydrates than D'Lites claimed. The chain advertises its “proprietary frozen dessert is a healthier alternative to regular ice cream.”

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