Sarah Brew in Law360 on the Litigation Love Affair Between Plaintiffs and Laboratories

Like last year, 2015 will be a year in which food labeling class actions will continue to dominate food industry news. In Law360 Sarah Brew, partner and food litigation and regulatory practice lead at Faegre Baker Daniels, cited one case specifically that many in the food supplement industry will be watching closely.

Segovia et al. v. Vitamin Shoppe Inc. addresses what industry insiders call "protein spiking," or the alleged exaggeration of the amount of protein in a supplement. The plaintiffs in the case tested a supplement sold at Vitamin Shoppe in a laboratory to determine the amount of protein present compared to what was stated on the label. "We're seeing more of that, where plaintiffs develop relationships with laboratories and test things," Brew said. With plaintiffs continually looking to challenge labelling claims with the hope of litigation, Brew expects that this practice will become more common, "especially if you draw a target on your product by saying it's high-protein or low-sodium," Brew said in Law360.