Food Labeling & Marketing Litigation Update

Partners Sarah Brew and Tyler Young attended the 2024 FM Legal Regulatory and Compliance Conference to hold a session titled, “Food Labeling and Marketing Litigation Update.”

The two discussed the evolution of labeling litigation against food and beverage companies and the strategies needed to counter those threats must also evolve and adapt. The presentation discussed what’s new (and new again) in the world of labeling and marketing litigation, including claims against corporate sustainability pledges and statements, new case law on USDA preemption defenses, no artificial preservatives and no artificial flavor claims, and the latest battles in the sugar cases. 

They also discussed recent trends and developments in class settlements, including the increasing threat of fraudulent settlement claims and using class settlements to resolve personal injury claims related to recalls. The presentation focused on practical, actionable advice on avoiding, defeating, and efficiently resolving litigation threats.