Questionable Consumer Fraud Cases In Food Industry

Law360, New York (January 4, 2011, 1:35 PM EST) -- How do we determine whether marketing, advertising or labeling by a manufacturer is deceptive, when it makes no statement about the qualities or efficacy of the product? Should courts simply look at the advertising itself or require evidence of deception of the reasonable consumer to allow cases to proceed? Two recent purported class actions brought against food manufacturers put these questions into focus.

In Parham v. McDonald’s Corp., et al., brought in the Superior Court in San Francisco County, Calif., plaintiffs claim McDonald’s violated California’s consumer...
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