backWhether challenging alleged contaminants in packaging and food or flavor labeling or servings-per-container statements or product images on labels and advertising or sustainability statements or “no artificials” or organic or health claims – or any one of a multitude of other theories: In the U.S., consumer class actions continue to be filed in the food, beverage and dietary supplement false advertising space, outpacing competitor actions (NAD, Lanham Act lawsuits) and regulatory enforcement (FTC, state District Attorneys). In the E.U., there is no mechanism comparable to “American-style” class actions to challenge advertising of food and beverage products; these issues are dealt with by regulation and enforcement, and competitor lawsuits.
In this session, we will contrast the two systems and provide some updates on recent developments and trends in food false advertising.