Yvonne M. McKenzie, a partner with Pepper Hamilton and a member of the Health Effects Litigation Practice Group and the Food and Beverage Industry Group, was quoted in the December 22, 2016 Forbes article, "Will FDA Guidance, or Lack Thereof, Affect Food and Beverage Litigation?"
But Yvonne McKenzie, a partner in the health effects and food and beverage practice groups at Pepper Hamilton's Philadelphia office, doubts enforcement will improve, given the “latest political dynamic” and push for less government regulation.
“It leads me to believe that budgets will be cut and there will be less of a presence than there is now and even less regulation,” she said. “Whether that’s going to lead to more litigation at the end of the day, I’m not positive. But if you don’t have the FDA, or someone, out there watching more closely and putting in place guidelines and rules to help the industry, then I would think you’re going to see more litigation.
“Consumer advocacy groups and the plaintiffs bar are going to step up. That’s going to be the end result, in my opinion.”
McKenzie said the class action lawsuit accusing Starbucks of putting too much ice in its iced coffees is a prime example.
“How can that even be a case?” said McKenzie, who counsels and defends companies with products regulated by the FDA. “When you see some of these lawsuits, you just have to scratch your head.”