Topic > The Pros and Cons of Food Labeling - 1975

INTRODUCTION In recent years there has been a dramatic increase in food-related litigation challenging product labels as misleading and deceptive. In particular, today's growing number of class action lawsuits accuse companies of making false claims regarding the nutritional content of their products. The initial wave of class action lawsuits filed against food manufacturers challenged a number of claims, such as the terms “trans fat free” and “all natural” or “100% natural,” used to label products. See, for example, Garrison v. Whole Food Market Inc., No. 13-05333 (ND Cal. Nov. 8, 2013). When food labeling lawsuits first broke out, the plaintiffs' bar initially attacked these suits with a variety of legal theories, but struggled to overcome common defenses, such as lack of standing, preemption, and jurisdiction. primary. Additionally, regulatory agencies, such as the U.S. Food and Drug Administration (“FDA”), have continued to refrain from providing sufficient guidance to food manufacturers, particularly on what constitutes “natural” or “all natural.” To date, a new case Developments show that the focus has shifted to narrower claims and a stronger approach to surviving motions, such as dismissal, summary judgment, and class certification. Additionally, federal, state, and local governments are beginning to take a more active role in regulating and enforcing compliance as it relates to food labeling. In the coming year, the focus will most likely be on FDA and state legislative developments on food labeling guidance. LEAKAGE OF “NATURAL” CAUSES Popular consumer fraud class action lawsuits often target the use of the term “natural” to describe certain foods or beverages. containing artificial ingredients...... half of paper ...... and local government authorities remain active in enforcing food labeling regulations. FDA and FTC have worked together to issue warning letters. They forced several companies, including pomegranate juice maker POM Wonderful, over misleading and unsubstantiated claims about the products' health benefits. CONCLUSION As food labeling has quickly become one of the most active areas of litigation, the body of case law regarding food labeling will continue to grow. It may be too early to say whether these lawsuits will remain a legitimate threat to the food industry, but certainly the result has been a dramatic increase in putative class action lawsuits, a trend that will likely continue as the Federal Trade Commission and the Food and Drug Administration takes a more active role in evaluating food labeling and advertising.