Class Action Litigation and Prop 65: Anticipating the Next Wave of Litigation in Order to Mitigate Risk
What is it about?
- Addressing undefined claims that are creating the potential for class action litigation in the food industry
- Assessing litigation and risks associated with words: “natural,” “wholesome,” “real”
- Exploring the pitfalls of “Made in USA” claims under the federal standard and the new California statute
- Survey of various court decisions
- Evaluating a potential increase in consumer fraud litigation associated with terms: “fresh,” “gluten free,” “organic”
- Reviewing the issue of “non-functional slack fill” in food packaging
- Comparing class action and regulatory enforcement action risks
- Examining whether sugar will be at the center of the next wave of this type of litigation
- Drawing parallels between current interest in sugar and prior litigation against tobacco industry – similarities and differences? What’s been learned in the tobacco litigation
that might apply to current sugar litigation?
- Reviewing recent developments under California’s Proposition 65
- Lead and the regulatory response to the Beech-Nut decision
- Bisphenol A warnings
- New listings and new safe-harbor warning regulations
- Examining first amendment protection for food labeling
- What are the defenses and how might they be presented in the context of food labeling?
- Addressing class certification and ascertainability challenges
- Even if Plaintiffs get past a motion to dismiss, what defenses are available to defense attorneys?
- Developing strategies for effectively responding to claims letters
- Understanding when no response is the best response