Plaintiffs Look Beyond Labels And Toward Product Testing
Law360, New York (February 23, 2015, 11:00 AM EST) -- Food and nutraceutical companies are increasingly facing a new type of purported class action, one where plaintiffs arrive armed with results from alleged product testing. These plaintiffs claim their testing shows deviations from labeled amounts of ingredients, and thus allege fraud or violation of consumer protection laws. Defendants confronted with this type of false labeling allegation might hesitate. After all, this plaintiff has data! Analysis of plaintiffs' "tests," however, often reveals significant (and sometimes fatal) flaws. Knowing how to respond to a product testing claim is vital, particularly now because of the advent of product testing websites and crowdfunded research. The increased scrutiny of the dietary supplement industry means that companies can only expect more of these lawsuits....
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