Source: Rita Jane Gabbett, MEATINGPLACE, 4/15/15


With more than 200 class action lawsuits filed against many major food companies over the past several years, The Food Institute is offering a primer on how to avoid becoming a target.

The report, titled “A Primer about the Ongoing Epidemic of Class Action Lawsuits Challenging Food Claims” was authored by OFW Law. It addresses who the plaintiffs are, how cases arise, what types of labeling/advertising claims have been the focus and how a company can avoid becoming a target.

When a food company considers whether to include a claim in its marketing, it needs to consider not only the risk of enforcement action by regulatory authorities or proceedings instituted by a competitor, but the possibility of a class action lawsuit, the document suggests.

"Anyone providing counseling about promotional representations for use in food advertising and labeling knows that traditional authorities no longer are the sole enforcement risk that must be contemplated, noted Michael O'Flaherty, a principal attorney at OFW Law. “As the ongoing epidemic of class action lawsuits challenging food claims reflects, the plaintiffs' bar is now a formidable risk because of the large monetary costs and negative publicity that being sued can entail."

For information on purchasing the primer click here.

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