Food and Beverage Labeling

One of the latest efforts by a municipality to address public health concerns by requiring warnings on certain products may be revived depending on the outcome of a recent rehearing before an 11-judge en banc panel of the Ninth Circuit. The en banc panel is reconsidering its 2017 decision blocking on First Amendment grounds a San Francisco ordinance that would require soda and other sugary drink sellers to provide a prominent health warning on billboard and other outdoor advertising. Continue Reading Ninth Circuit Reconsidering San Francisco Soda Health Warning

Certain restaurants, grocers, and other food establishments will soon be required to comply with the Food and Drug Administration’s (“FDA”) menu labeling rules. The FDA previously finalized menu labeling rules in connection with the Affordable Care Act to make calorie and nutritional information more available to consumers dining out. Last year, the FDA extended the compliance deadline to May 7, 2018. Continue Reading FDA Menu Labeling Rules Unfreeze

WebinarOn Wednesday, October 21 at 12:00 p.m. Central, Jay W. Connolly, Joseph J. Orzano and Kristine Argentine will present Seyfarth’s third installment of our 2015 Class Action Webinar Series. The presenters will discuss the current state of labeling class action litigation that has targeted food, beverage, nutrition and other industries in recent years. This webinar will provide an overview of the labeling class action landscape complete with discussion of the background giving rise to the wave of litigation and labeling claims commonly targeted by the plaintiffs’ bar. In addition, the panel will discuss the latest trends in pleading challenges, class certification, and settlements in the labeling context.

Specific topics will include:

  • Labeling Litigation Background:  How We Got Here
  • Hot Issues:  Common Marketing Claims Being Challenged
    • Organic
    • All Natural, “100% Natural,”  “Nothing Artificial” & Related Claims
    • Evaporate Cane Juice
    • Made In The USA/Place of Origin
    • Nutritional Content Disclosures/Upcoming Menu Requirements
    • “Healthy”
    • GMOs
  • How Courts Are Treating Challenges to Labeling Claims
    • Challenging the Complaint Up Front:  What Has Worked And What Hasn’t And Why
    • Challenging Attempts By Plaintiffs to Certify a Class:  Court Treatment of Certification Issues in the Labeling Context
  • Trends in Labeling Litigation Settlements

If you have any questions, please contact events@seyfarth.com.

*CLE Credit for this webinar has been awarded in the following states:  CA, IL, NJ and NY. CLE Credit is pending for GA, TX and VA. Please note that in order to receive full credit for attending this webinar, the registrant must be present for the entire session.

There is no cost to attend this program, however, registration is required. To register for this webinar, please click here.