The Ongoing Epidemic of Class Action Lawsuits Challenging Food Claims

Traditional authorities no longer can be the sole focus of enforcement risk when assessing and counseling about promotional claims for food labeling and advertising.  Especially because of the large monetary costs and negative publicity that may be entailed, the potential for class action litigation, sparked by the plaintiffs’ bar and/or a consumer group, also now must be considered.

With respect to this current trend, the A Primer about the Ongoing Epidemic of Class Action Lawsuits Challenging Food Claims (11 pages) addresses the following questions:

• Who are the plaintiffs?
• How do the cases arise?
• What types of labeling/advertising claims have been the focus?
• What is the applicable law?
• What defensive tactics may be employed?
• How can a company avoid becoming a target?

The Primer’s Appendix (7 pages) also includes an exemplary list of about 85 class action cases – each with a summary explanation of the case’s issue/holding – that can jumpstart your regulatory/legal research.

With the tobacco litigation trend over and the food claim litigation epidemic evolving, don’t let your company/client become the next target!

*This Primer provides an overview of the ongoing occurrence of class action lawsuits challenging promotional claims made in the advertising and/or labeling of foods. Although every attempt has been made to ensure that this Primer is accurate and comprehensive, it is by necessity based on the authors’ selection of materials and interpretation of legal requirements. The Primer does not capture and address the substance and precedential effect(s) of every class action lawsuit reasonably within its topic area. Moreover, many potential cases are not yet at the pivotal complaint stage and, therefore, not available in the public domain. THIS PRIMER IS NOT INTENDED TO PROVIDE LEGAL OR REGULATORY ADVICE. Specific decisions about promotional claims should be based on a review of applicable laws and precedents with the assistance and advice of your legal/regulatory counsel.