Hot Topics in Food Litigation (2025 Update)

In this update, litigators David T. Biderman and Michael R. Reese examine the most significant legal trends shaping food and consumer packaged goods (CPG) litigation in 2025. With hundreds of class action lawsuits filed annually, the stakes for food companies and their legal advisors have never been higher. This program dissects critical new rulings and ongoing battles involving labeling, "Made in USA" origin claims, protein content disclosures, trace contaminants, slack-fill packaging, and ultra-processed food litigation. Attendees will gain insights into recent appellate decisions from key circuits, the growing use of state-level consumer protection laws, and the rising influence of scientific studies in challenges to "natural," "clean," and "plant-based" product claims. Special attention is given to the impact of ESG-related lawsuits, Proposition 65 developments, and evolving regulatory landscapes. 

Learning Objectives:

1. Identify and analyze the most significant class action trends in food and beverage litigation, including false labeling, front-of-package misrepresentation, and place-of-origin disputes
   

2. Examine key appellate rulings from the Ninth and Second Circuits that are shaping how courts evaluate "reasonable consumer" expectations and product disclosures
   

3. Evaluate litigation risks related to protein content claims, slack-fill packaging, and trace substances such as PFAS, heavy metals, and microplastics
   

4. Understand the evolving legal challenges associated with ESG and greenwashing claims, particularly around recyclability, sustainability, and extended producer responsibility (EPR) laws
   

5. Apply lessons from recent cases to better counsel clients in risk mitigation, compliance, and defense strategy for current and future food labeling litigation