The food and beverage industry is facing an unprecedented number of threats from class action cases alleging misleading labeling and advertising. Approximately two new lawsuits against manufacturers, distributors and retailers were filed each week in 2017! Dozens more food and beverage industry members received demand letters that threatened the commencement of such cases and demanded the payment of monetary damages.
Damages in these cases, based on a percentage of annual sales, statutory awards, and attorney fees, can reach into the millions of dollars, threatening to bankrupt some companies.
Popular claims regarding ingredient content, or processing methods such as “natural,” “organic,” “ethically sourced” or “GMO free,” are often targets for class actions. In the past year, plaintiff attorneys have developed new theories of liability and expanded their cases to related matters such as non-functional slack-fill in standard packaging. Avoiding the class action trap, responding to demand letters from plaintiff attorneys, and defending such cases in court requires navigating the boundaries of state and federal consumer protection laws. Compliance with FDA regulations is no longer an absolute defense.
Join The Food Institute and OFW Law for this 90-minute webinar to learn how to protect your business against these suits. Listen as our authoritative class action counsel discusses current trends in food and beverage class action demand letters and litigation. Learn how to:
– Avoid “lighting rod” claims
– Identify trending label statements that pose potential trouble
– Minimize risk in making ingredient statements on the principal display panel
– Sidestep the pitfalls of “natural,” “handcrafted,” “ethically sourced,” and other undefined claims
– Avoid becoming the target of a non-functional slack-fill action
– Analyze strategies and tactics for defending class actions in court
– Stay abreast of the latest case law developments impacting food and beverage claims