Posted: Nov 28, 2018
The Food Institute and OFW Law are announcing a new food labeling review service, including a Class Action Risk Analysis. In addition to reviewing compliance with basic FDA requirements, OFW Law will review the risk posed by claims not defined by FDA such as “Natural,” “Handcrafted,” “Made with Whole Wheat,” “Contains Real Fruit,” “Wholesome,” etc. and provide companies with a Risk Analysis detailing potential threats from the Plaintiff class action attorneys.*
The price for a basic review is $495 per label. The cost of a Class Action Risk Analysis varies, depending on the complexity of the label statements. Estimates will be provided before work commences.
This new service builds on the Food Institute and OFW Law’s longstanding relationship, having worked together for decades helping the industry understand food label requirements.
At the Food Institute and OFW Law’s joint annual U.S. Food Labeling Law Course 2018, Bruce Silverglade, a Principal at OFW, stressed the importance of not only understanding FDA and other express government labeling requirements, but also reviewing labels to make sure they don’t become the target of class action lawsuits. Hundreds of such lawsuits have been filed, and exponentially exceed the number of warning letters sent by FDA on labeling issues. Further, class action lawsuits typically involve a claim for monetary damages to compensate consumers who have allegedly been misled by food labels.
While many of these class action demand letters can be resolved quickly at a relatively low cost, some have forced companies to agree to settlements exceeding $10 Million dollars! Other companies have been vindicated in court, but only after extremely costly litigation. OFW Law can help companies reduce their risk of such outcomes by identifying trending claims that trigger demand letters and the threat of a lawsuit.
As a law firm specializing in regulatory reviews and a firm staffed with attorneys who are highly knowledgeable about the trends in food labeling class action cases, OFW Law can help provide comprehensive risk reduction advice that companies need to reduce their liability in today’s marketplace and legal environment.
For more information about this new label review service, please click here.
*The FDA does not approve food labels prior to marketing. FI/OFW Law label reviews are advisory and do not constitute legal conclusions.
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