An Economic Perspective On Food Labeling Cases

Law360, New York (May 30, 2013, 12:06 PM EDT) -- Manufacturers of retail food products are facing an increasing frequency of consumer class actions alleging false or misleading advertising, particularly with respect to labels or advertising copy describing products as “natural” or more generally as healthy or nutritious. In these litigations, as often is the case in class actions more generally, the class certification stage is a critical battleground for the parties, representing, in many instances, the decision point for summary judgment or settlement.

An important question in the class certification process is the evaluation of the predominance of common issues with respect to consumer injury and damages. In order to...

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