Food and Beverage Class Actions: False Advertising, Deceptive Labels, and Reasonable Consumer Standard
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 the recent trend to focus on entire industries, not just specific products. The program will explore the "ambiguity rule" and whether an allegedly deceptive statement, claim, or other feature on the front label will be deemed "not deceptive" or not ambiguous as a matter of law if the statement, claim, or another feature is clarified by an accurate ingredient list or disclaimer on the back. The speakers will review 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
- Strategies at trial
Benefits
The panel will review these and other key issues:
- What is the effect of Bell v. Publix Super Markets Inc.?
- 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

Leah Kelman
Partner
Herrick Feinstein
Ms. Kelman concentrates her practice on complex commercial litigation, including class action defense, title insurance,... | Read More
Ms. Kelman concentrates her practice on complex commercial litigation, including class action defense, title insurance, and professional responsibility and ethics. Her class action and product liability experience in both state and federal courts is substantial, and includes her role as a key member of the firm teams in a wide array of litigated cases.
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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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