Hot Topics in Food Litigation (2023 Update)

This course provides a comprehensive exploration of class action litigation within the consumer products industry, with a specific focus on the food sector. Led by two renowned legal practitioners, David T. Biderman and Michael R. Reese, who collectively bring decades of experience in this field, this course offers invaluable insights into the evolving landscape of consumer class actions challenging marketing, sales, labeling, and other practices in the food and beverage industry.

Participants will delve into the intricate world of food litigation, dissecting various aspects such as commercial disputes, intellectual property and trademark issues, Lanham Act violations, and Federal Trade Commission (FTC) enforcement actions. With the rise of consumer class actions, attendees will explore the dynamic nature of the industry, where plaintiffs continually devise novel legal theories to challenge the practices of consumer packaged goods companies, food companies, and supplement manufacturers.

Learning Objectives:

1. Develop a comprehensive understanding of the consumer class action litigation landscape within the food and beverage industry, including key legal theories and challenges
2. Analyze emerging legal theories in food litigation, such as claims related to ingredient predominance, "Healthy" claims, and challenges associated with trace substances
3. Evaluate pivotal cases and appellate-level decisions that have shaped the legal environment for food litigation, recognizing the variability of decisions at the district court level
4. Explore ethical considerations specific to food litigation practice, ensuring adherence to ethical standards in the field