Action-Snacked Year: Food Labeling Class Actions on the Rise
In this article, the authors examine recent decisions from New York federal courts at the motion to dismiss stage and explain how companies can defeat these cases quickly.
May 28, 2021 at 11:45 AM
12 minute read
The frequency of consumer class action lawsuits targeting some of America's favorite foods for alleged false and misleading labeling has risen sharply over the last year. In 2020, new filings of these "misleading" labeling class actions rose by more than 30% nationwide compared to 2019. Filings in New York federal courts alone accounted for much of this increase. Although this trend may appear to threaten the food and beverage industry with the prospect of endless court entanglements and expensive nationwide discovery, the reality is that, in the New York federal courts, these cases are increasingly being dismissed early before gaining any traction.
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