![]() | Class Action LitigationIn their ongoing quest to both advance narrow policy agendas and pursue lucrative legal fees, professional activists and class action lawyers have identified food and beverage producers, as well as restaurants, as prime litigation targets. These legal crusaders have a long-term strategy, and have been laying the groundwork through state “consumer protection” lawsuits and other class actions. More opportunities, likely on the heels of new laws and government regulatory actions, await. |
From WLF's Legal Pulse Blog
Update: Judge in “All Natural” Food Labeling Class Action Won’t Wait for FDA Action
In our ongoing discussion of and commentary on class actions alleging consumer fraud in food labeling, we’ve assessed numerous cases where use of “natural” or “all natural” allegedly rendered the labeling false or misleading (our latest here and here). These crusading lawyers have rushed into the void left by the Food and Drug Administration (FDA), which has refused to issue a formal definition of “natural” for use on food labels.
Defendants in such cases have routinely argued that FDA policy statements on the meaning of natural should preempt state law-based consumer protection claims, or that courts should defer to the federal agency under the prudential “primary jurisdiction” doctrine. The preemption arguments have been unsuccessful, but some judges have put class action suits on hold and urged FDA action. Such action has not been forthcoming.
Continue reading here.
Thursday, May 16, 2013 | News, Commentary & Updates
Judges tire of wating for FDA to define "natural"
Food Navigator USA
Wednesday, May 15, 2013 | News, Commentary & Updates
Victory for Dannon, General Mills and Cabot in ‘frivolous’ yogurt identity lawsuits
Food Navigator USA
Monday, April 15, 2013 | News, Commentary & Updates
Consumer attorneys react to Ries v. AriZona class action ruling
Food Navigator USA
Tuesday, April 9, 2013 | News, Commentary & Updates
Frito-Lay website language ruled to not be "labeling" in consumer class action suit
Drug & Device Law Blog
Tuesday, April 2, 2013 | News, Commentary & Updates
Do green labels on candy make consumers think they are "healthy," and will that get them sued?
Confectionary News
Monday, March 11, 2013 | News, Commentary & Updates
Subway's "Footlong" Accused of Coming Up Short
The Foundry
Thursday, February 28, 2013 | News, Commentary & Updates
Preemption: The Cure for the Common Claim?
Private Surgeon General
Thursday, February 7, 2013 | News, Commentary & Updates
General Mills settles yogurt class action
Food Product Design
Wednesday, January 30, 2013 | News, Commentary & Updates
Frozen pizza makers sued over trans fats
ABC News
Thursday, January 24, 2013 | News, Commentary & Updates
As anticipated, Subway sued for hawking 12" sub, allegedly offering ones 11"
Chicago Tribune
Friday, January 18, 2013 | News, Commentary & Updates
Crafting a defense in food labeling class actions
Corporate Counsel
Thursday, January 17, 2013 | News, Commentary & Updates
Red Bull doesn't really "give you wings" anymore than coffee, says federal lawsuit
ABA Journal
Tuesday, January 15, 2013 | News, Commentary & Updates
When will the lawsuits begin?: Subway 12 inch sub is really 11 inches
AP
Tuesday, January 8, 2013 | News, Commentary & Updates
Class action against orange juice maker for "natural" claim squeezed out of court
Mass Tort Defense
Thursday, May 23, 2013 | WLF Resources
Update: Court Throws Out Class Action Claiming Yogurt Wasn’t “Yogurt”
WLF Legal Pulse blog
Thursday, May 9, 2013 | WLF Resources
View Expressed in WLF Amicus Brief Prevails in Food Labeling Class Acition Appeals Court Ruling
WLF Litigation Update
Wednesday, April 17, 2013 | WLF Resources
“Natural,” “Honey,” and Lots of Fruit Products: Three Wins for Food Labeling Suit Defendants
WLF Legal Pulse blog
Thursday, March 7, 2013 | WLF Resources
Another grocery basket full of lawsuit claims for The Food Court
WLF Legal Pulse Blog
Tuesday, January 22, 2013 | WLF Resources
Do Plaintiffs Have Standing to Bring a Consumer Class Action Including Claims for Products They Didn’t Purchase?
WLF Legal Pulse blog
Wednesday, December 12, 2012 | WLF Resources
The Food Court Stays Open: Preemption Defense in Food Labeling Class Action Rejected
WLF's Legal Pulse Blog
Monday, December 10, 2012 | WLF Resources
Mixed Outcome in "Natural" Consumer Class Action Food Case
WLF's Legal Pulse blog
Thursday, November 1, 2012 | WLF Resources
WLF Files Amicus Brief in Food Labeling Class Action
WLF Press Release
Wednesday, October 10, 2012 | WLF Resources
Prop 65 Has its Perks for Plaintiffs’ Lawyers in Coffee Litigation
WLF's Legal Pulse blog
Monday, September 24, 2012 | WLF Resources
Instructive Court Federal Opinion in Dismissal of Cheerios Class Action
WLF Legal Pulse blog
Thursday, August 9, 2012 | WLF Resources
Another Unappetizing Class Action Ruling from The Food Court
WLF's Legal Pulse blog
Friday, August 3, 2012 | WLF Resources
Courts Must Closely Evaluate Rule 23 “Predominance” Factor In Food Labeling Class Actions
WLF Legal Opinion Letter
Friday, August 3, 2012 | WLF Resources
Ninth Circuit’s Pom Wonderful Ruling Could Influence Food Class Actions
WLF Legal Opinion Letter
Thursday, July 19, 2012 | WLF Resources
Central District of California Rejects Plaintiffs’ “All Natural” Arguments
WLF Legal Pulse blog
Thursday, June 21, 2012 | WLF Resources
“Natural” Selection: Survival of the Litigious
WLF's Legal Pulse blog

