Prepare for Product Labeling Class Action Now, Part I

May 31, 2013

Types : Bylined Articles

Be prepared . . . “for any old thing,” advised Boy Scouts of America founder Robert Baden-Powell. Over 100 years later, those words are more than insightful scoutcraft recommendations. In today’s burgeoning consumer fraud/product labeling class action environment, they are a mandate for companies’ management, in-house counsel, and marketing departments that want to survive the sharp uptick in suits premised upon consumer product labels’ language, such as “organic,” “natural,” “healthy,” “clinically proven,” and “pure.” Sunscreen, yogurt, cereal, baby shampoo, deodorant, orange juice, milk, soap, toothpaste, vitamins, margarine, sneakers, granola bars, baby food, ice cream, diet margarita drink mix, bottled water, cosmetics-even cranberries and cat litter-have been targets. Labeling litigation has indeed, grown to encompass “any old thing.”

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