A massive wave of consumer class actions targeting food manufacturers, distributors, and retailers is sweeping across industries as the plaintiffs' bar aggressively targets product labeling and advertising under California's consumer protection statutes. Companies should be aware of these practices and develop a plan to lessen the risk of receiving such claims.
The International Association of Color Manufacturers has filed a lawsuit against the recently enacted West Virginia House Bill 2354, which prohibits foods containing certain artificial colorants and additives from being sold in the state, arguing that it is unconstitutional and unlawful.
The Tucson Environmental Justice Task Force has sued FDA for failing to act on a petition urging the agency to set limits for per- and polyfluoroalkyl substances (PFAS) in foods.
Earthjustice sued FDA on behalf of consumer advocates that previously petitioned FDA to revoke food contact authorizations for 28 phthalates, and were denied. Although FDA since revoked authorizations for many of those phthalates and says the rest are under review, the plaintiffs hope their lawsuit will force a long-overdue safety reassessment.
Panera Bread is facing wrongful death lawsuits after two customers in vulnerable populations suffered fatal cardiac events following the consumption of the chain’s Charged Lemonade drinks. The lawsuits assert that the drink is not advertised as a dangerously caffeinated beverage.
The U.S. Environmental Protection Agency (EPA) is being sued by the Center for Food Safety (CFS), Pesticide Action Network North America (PANNA), and Alianza Nacional De Campesinas Inc. for the unlawful reapproval of toxic herbicides used in food agriculture. The chemicals in question, Enlist One and Enlist Duo, are sprayed on corn, soybeans, and cotton genetically engineered (GE) to resist the herbicides.
The Food and Drug Administration (FDA) is being sued by two consumer groups, who want the FDA to implement the traceability provisions in the FDA FSMA (Food Safety Modernization Act).
