Do Words Speak Louder Than Deeds?

Plaintiffs with false labeling claims are likely to point to a company’s lack of compliance as a flagrant disregard of industry standards and as evidence the company’s labeling...

Thomas Mahlum and Melissa Goodman
June 26, 2014

Plaintiffs with false labeling claims are likely to point to a company’s lack of compliance as a flagrant disregard of industry standards and as evidence the company’s labeling should be considered false, deceptive, or misleading.

Conclusions
Food safety is always the paramount concern for everyone in the food production chain and—as is usually the case—compliance with regulations and standards increases assurances that what reaches consumers meets those goals.

When it comes to the FTC’s Green Guides, following the guidance set forth by the FTC not only helps with food safety concerns, it also likely provides a significant weapon in the defeat of any class action premised on the notion that environmental packaging or label claims somehow deceived or misled consumers.

Reprinted from Food Safety magazine.
© 2014 Target Group, www.foodsafetymagazine.com.

Thomas Mahlum and Melissa Goodman are trial attorneys at Robins, Kaplan, Miller & Ciresi LLP and represent members of the food and beverage sector in disputes addressing key industry issues like distribution, commercial contracts, brand protection, and intellectual property rights.

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