Federal Food Label Class Actions Face Growing Headwinds

By Mark Goodman and Anne Kelts (September 3, 2019, 3:53 PM EDT) -- Once a darling of the class action plaintiffs bar, food labeling class actions are becoming tough nuts to crack for plaintiffs in U.S. district courts. Recent decisions demonstrate a progressive unwillingness on the part of federal courts to accept arguments that consumers can be misled by food products' labels, where the ingredients listed on packaging expressly include information telling the consumer what is in the product.

Thankfully, the courts are also more and more unwilling to find that plaintiffs who rely on U.S. Food and Drug Administration guidance or regulations to bring their claims can do so successfully where they cannot...

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