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News
December 23, 2016

Will FDA Guidance Affect Food and Beverage Litigation?

Forbes/Legal Newsline writes on the growing number of class action lawsuits brought against food and beverage manufacturers regarding “allegedly poor labeling and marketing.”

According to the article, companies are looking for more guidance from the U.S. Food and Drug Administration (FDA) as to what constitutes proper labelling. “Certainly if the FDA did something… it would make a big difference,” said David Biderman, a partner at Perkins Coie. Biderman went on to say FDA guidance would be helpful “because then we, as defense attorneys, can say it’s preempted, that the FDA has spoken on the issue.”

According to data compiled by Perkins Coie, a majority of the food and beverage class actions filed nationally in both 2015 and 2016 have been over false or misleading labels. The second highest class action type filed against the industry is ‘all natural’ claims, and slack-fill cases come in a close third.

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