Food Safety Regulation and Litigation: Minimizing the Risk of Product Liability Claims
Mastering the Standards for Fault, Causation, and Damages in Food Safety Litigation
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide product liability counsel with a review of the latest regulatory and case law developments related to food safety. The panel will examine critical issues in food safety litigation, explain the standards for fault, causation, and damages, and offer best practices to defend these lawsuits.
- Regulatory and compliance requirements in food safety
- Recent developments under the Food Safety Modernization Act
- How these rules impact product liability law
- Increased record-keeping
- Public notification
- Proposition 65
- Class actions in the food safety context
- The food safety product liability claim
- A brief overview of the science surrounding food safety issues
- Delineating fault
- Defining a scientific causal link
- How to pay for a food safety problem
- Types of costs a food liability problem can cause
- Role of insurance and other risk-spreading tools
- Early steps to take when claims or recalls occur
- What your company or client can do now to prepare
The panel will review these and other noteworthy issues:
- What measures have regulators taken to reign in the increasing number of foodborne illness incidents?
- What are the standards for liability and negligence, and which defendants are held to each standard in food safety litigation?
- How does available insurance coverage influence how counsel approaches the legal issues involved?
- What is the role of expert witnesses in establishing causation and determining damages?
P. Andrew McStay, Jr.
Davis Wright Tremaine
Mr. McStay defends food industry clients against food safety claims, including against class action claims. He... | Read More
Mr. McStay defends food industry clients against food safety claims, including against class action claims. He represents food processors, distributors, and retailers in foodborne illness and contamination cases and supply chain disputes. Mr. McStay also provides regulatory and insurance advice to clients facing product recalls. He has significant first-chair trial and appellate experience in state and federal courts.Close
Ms. Bousquet routinely handles litigation and pre-litigation disputes for companies in the agriculture, agribusiness,... | Read More
Ms. Bousquet routinely handles litigation and pre-litigation disputes for companies in the agriculture, agribusiness, biotechnology, food, and manufacturing industries. In particular, she focuses on litigation and client advice involving plants and animals, food and beverage labeling litigation, GE seed litigation, food labeling laws and regulations (including the new bioengineered foods disclosure law), the Food Safety Modernization Act, produce safety rules, restaurant menu labeling and Food Code compliance, pesticide laws, regulatory action by the USDA and FDA, and urban agriculture. Ms. Bousquet serves as an editor of the firm's Food Fight blog, which is dedicated to delivering relevant industry insights and timely legal updates to food and agriculture industry stakeholders.Close