Primary Jurisdiction May Be Useful In Food Labeling Cases

Law360, New York (February 12, 2013, 7:10 PM EST) -- In recent years, there has been a growing number of consumer fraud class actions and similar lawsuits brought against the manufacturers of regulated products. These actions sometimes challenge the product claims made by the manufacturers, the permissibility of particular ingredients in the product and, in some cases, the safety of the product.

The focus of these cases is frequently on the plaintiff. Was the plaintiff aware of the representation at issue? Was the representation at issue relevant to the plaintiff’s decision-making process? And sometimes, did the...
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