Presented by Strafford Publications, Inc.
Food and beverage manufacturers, distributors and retailers are facing a rapidly growing number and type of class action filings, alleging false advertising, mislabeling, deceptive packaging, food-borne illnesses, and contaminated products. Monetary damages in these cases are often astronomical, i.e., based on annual sales of the product at issue, punitive and statutory damages, and attorney fees and costs.
Historically a target for personal injury class claims, food and beverage businesses are facing an escalation in class claims based on misleading food labeling using popular descriptors, such as “natural,” “organic,” “ethically sourced” or “GMO free,” and apparently deceptive “weight out” changes (reducing the amount of product with non-functional slack-fill in oversized but familiar packaging) (Starkist tuna, McCormick pepper).
Pursuing or defending class suits against food and beverage businesses requires counsel to navigate and distinguish the boundaries among and between various federal laws and agency regulations (FDA, FTC and U.S. Department of Agriculture) and state consumer protection laws. Plaintiff and defense counsel must consider preemption, primary jurisdiction, plausibility, and standing to pursue claims or obtain dismissal.
Listen as our authoritative panel of class action counsel discusses current trends and case law developments in food and beverage class action lawsuits. The panel will outline strategies for plaintiff and defense attorneys to increase the likelihood of success during class certification and at trial.
CLE credit available.