“As if American food manufacturers didn’t already face enough challenges … they now face a barrage of lawsuits from a growing number of creative and well-funded trial lawyers who see food and beverage manufacturers as their next big target,” write Goldberg Segalla attorneys Andrew J. Scholz and Matthew R. Shindell.

“Only a very small portion of this litigation actually relates to manufacturing defect claims allegedly resulting in consumer injuries or death, such as with salmonella outbreaks. Rather, the bulk of the litigation is focused on alleged ‘false advertising’ associated with food labeling. The suits are often brought as class actions under the umbrella of loosely interpreted state consumer protection statutes.”

This article examines the primary defenses currently being used by manufacturers against these claims, in order to help minimize their potential impact on a company’s productivity and reputation.