Food and Beverage Class Actions Surge During COVID
Pooja S. Nair, Chair of ECJ’s Food, Beverage and Hospitality Department, published an article in the Los Angeles Daily Journal titled, "Food and Beverage Class Actions Surge During COVID."
Last year, a record number of false advertising food and beverage class action cases were filed. This is a trend that's expected to only grow moving forward. In the article, Pooja points out that "courts have applied the 'reasonable consumer' test to determine if a product's advertising and labeling is misleading." This standard requires that a significant portion of the general public or of targeted consumers, acting reasonably in the circumstances, could be misled. While the products in question are wide-ranging, many fall within the categories of environmental and sustainability, vanilla and other flavorings, "all natural" and added sugar. Unfortunately, as Pooja notes, "a vast majority of these class actions are frivolous and do nothing to meaningfully benefit the consumer."
Click here to read Pooja’s full article (subscription required).
Pooja is a business litigator and problem solver with a focus on the food and beverage sector. She advises food and beverage clients, startups and other businesses on a comprehensive range of issues, including employment, trade secrets, partnership disputes, contract negotiations and intellectual property.