Unresolved Tension In The Consumer Class Context

Law360, New York (January 14, 2014, 9:33 PM EST) -- There has been a recent wave of consumer product class actions accusing manufacturers of false labeling and marketing practices, particularly with respect to whether certain products are “all natural” or confer health benefits. Like all consumer product class actions, discovery in these cases can be time-consuming and expensive, especially in today’s electronic environment.

Even if discovery is bifurcated between merits and class issues, a manufacturing defendant undoubtedly will be asked to produce substantial discovery relating to each product that is the subject of the putative class...
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