Sarah Brew Assesses Increase in Food Labeling Lawsuits

Undefined food labeling terms and conflicting state and federal regulations are contributing to the recent increase in food labeling class action cases, Sarah Brew of Faegre Baker Daniels told Lawyers USA in the article "Vague FDA Regs Spur Food Labeling Suits."

"Plaintiffs' lawyers are being much smarter, and they are criticizing things on product labeling that are not clearly regulated by the FDA," said Brew, leader of the firm's food litigation and regulatory practice. Terms like "healthy" and "natural," undefined by the FDA, are prime targets for such labeling litigation.

Conflicts between state and federal labeling regulations also open the door to lawsuits, and prior rulings have provided little guidance on preemption. State-based consumer protection laws "are very important, and there are good reasons to have them," Brew said. "But some of these cases are really more about lawyers looking for opportunities to make money than about protecting the public from actual fraud and deception."

"The FDA has the experience and know-how to address product labeling," Brew told Lawyers USA. "That is what it is charged to do. And when there are federal regulations in place, anything challenging those should be preempted."