Food and Beverage Class Actions: Reasonable Consumer Defense in False Advertising and Deceptive Labeling Cases
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will address class actions alleging false advertising and deceptive/ambiguous labeling claims for food and beverages, and whether the decision in McGinity v. Procter & Gamble Co., 69 F.4th 1093 (9th Cir. 2023), has had an impact on the "ambiguity rule" in and outside the Ninth Circuit. The speakers will review trends and current developments of the reasonable consumer standard and how the element of "context" affects the analysis at different stages of the case.
Outline
- Food and beverage class actions
- False advertising
- Mislabeling
- Reasonable consumer standard
- Resolving ambiguous claims
- Strategies at the certification stage
- Considerations after certification decision
Benefits
The panel will review these and other key issues:
- What is the effect of McGinity v. Procter & Gamble Co., 69 F.4th 1093 (9th Cir. 2023) on the "ambiguity rule" in and outside the Ninth Circuit?
- What defense approaches can prevail at certification and trial in food and beverage class claims?
- What are the latest legislative and case law developments impacting food and beverage claims?
Faculty
David T. Biderman
Partner, Chair Consumer Products and Services Litigation
Perkins Coie
Mr. Biderman focuses his practice on mass tort litigation and consumer class actions. He represents packaged food... | Read More
Mr. Biderman focuses his practice on mass tort litigation and consumer class actions. He represents packaged food companies, coffee companies, dairy companies, footwear companies and others whose nutritional or health claims have been challenged. Mr. Biderman also has represented search engines and other online companies. For 15 years, he managed the firm’s full-service product liability team responsible for defending over 1,000 toxic tort cases pending in Los Angeles and Northern California state courts. Mr. Biderman speaks and writes regularly on class action issues.
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Sascha Henry
Partner, Business Trial Group Practice Leader
Sheppard Mullin
Ms. Henry excels at helping clients respond to sensitive and complex litigation, including class actions. Her... | Read More
Ms. Henry excels at helping clients respond to sensitive and complex litigation, including class actions. Her experience includes actions involving alleged violations of California's Unfair Competition Law and False Advertising Law and other state's equivalents, including Florida's Unfair and Deceptive Trade Practices Act and New York’s General Business Law §§ 349 and 350, alleged violations of price gouging statutes, alleged breach of contract, including distribution and supply agreements, and business torts, including intentional interference claims and theft of trade secrets.
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P. Renée Wicklund
Co-Founder
Richman Law & Policy
Ms. Wicklund works of counsel to Richman Law & Policy. Her work focuses on the domestic food supply, including... | Read More
Ms. Wicklund works of counsel to Richman Law & Policy. Her work focuses on the domestic food supply, including issues of pesticide use, environmental health, and the welfare of farmed animals. Ms. Wicklund strives to ensure consumers have honest information regarding their food choices, and the knowledge to protect their, and their families’, health.
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