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Industries & Practices

Mislabeling/False Advertising

The labeling, advertising, and marketing of food and beverages has been regulated by the Food and Drug Administration for decades, but a number of states have enacted legislation providing consumers with the ability to recover damages for alleged mislabeling or deceptive marketing of food products. The FDA regulations, when combined with the added teeth of unlawful and misleading advertising statutes, has created significant class action litigation with many of the largest food and beverage businesses across the country. Common advertising terms such as all-natural, organic, sugar free, and many of the images used in product boxing are all fodder for litigation. Clark Hill attorneys assist with all facets of labeling, advertising, and marketing food and beverage products, spanning from counseling clients in regulatory compliance to defending complex class action litigation.

Representative Transactions

  • Defended a putative class action against a major national beverage company arising out of claimed protein labeling representations.
  • Defended a national food manufacturer and distributor resolving before litigation claims of mislabeling of protein values.
  • Defended a putative class action against a national beverage company arising out of allegedly misleading imagery on its packaging.
  • Represented a beverage company against claims of misrepresentation of low-calorie supplements.
  • Represent a beverage company alleging misleading imagery on packaging in violation of California’s CLRA.
  • Represent a national food company alleging various misleading representations and omissions of warning labels in violation of California law.