Class Action Litigation and Prop 65: Anticipating the Next Wave of Litigation in Order to Mitigate Risk

May 25, 2017 9:00am

Anthony Anscombe
Sedgewick LLP

Trenton H. Norris
Arnold & Porter Kaye Scholer LLP

Allyson Wilcox
Assistant General Counsel
Beam Suntory Inc.

  • 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