Akin Gump Class Action Lawyers Pen New York Law Journal Article on Food Labeling Suits

June 2, 2021

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Jacinta O'Shea-Ramdeholl

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Scott Wasserman

Senior Media Relations Manager

New York Law Journal has published the article “Action-Snacked Year: Food Labeling Class Actions on the Rise,” written by Akin Gump litigation partners Seamus Duffy and Neal Marder, counsel Stephanie Lindemuth and associate Shanna Miles. The article examines recent decisions from New York federal courts in consumer class action lawsuits “targeting some of America’s favorite foods for alleged false and misleading labeling” and explains how companies can defeat these cases quickly.

The authors write that courts have been dismissing many of these class actions “due to insufficient allegations that a ‘reasonable consumer’ would be duped by the labeling at issue.” They note that this is a sign that the courts hold the “‘reasonable consumer’ in higher regard than the plaintiffs’ bar.”

After discussing several specific cases, Duffy, Marder, Lindemuth and Miles conclude with the observation that food companies should not underestimate “the long term benefits of defending these actions aggressively with threshold motions.”

To read the article, please click here.

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