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Essay / The Pros and Cons of Food Labeling - 1975
INTRODUCTIONIn recent years, there has been a dramatic increase in food-related litigation challenging product labels as misleading and deceptive. In particular, the growing number of class action lawsuits accuse companies of making false claims regarding the nutritional content of their products. The first wave of class action lawsuits filed against food manufacturers challenged various claims, such as the terms "trans fats." 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 were first initiated, the plaintiffs' bar initially attacked these suits using various legal theories, but struggled to overcome common defenses, such as lack of standing. , pre-emption and primary jurisdiction. Additionally, regulatory agencies, such as the United States Food and Drug Administration ("FDA"), have continued to fail to provide sufficient guidance to food manufacturers, particularly on what constitutes " natural” or “all-natural”. Developments show that the focus has shifted toward narrower claims and a firmer 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 food labeling compliance. In the coming year, attention will most likely focus on FDA and state legislative developments regarding food labeling claims. containing artificial ingredients... middle of paper ... and local government authorities remain active in enforcing food labeling. The FDA and FTC collaborated to issue warning letters. They have forced various companies, including pomegranate juice maker POM Wonderful, into out-of-court settlements 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, case law regarding food labeling will continue to expand. It may be too early to tell whether these lawsuits will remain a legitimate threat to the food industry, but the result has certainly 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 more active role in evaluating food labeling and advertising.