The legal community should continue to expect to see a rise in suits, including class-actions, regarding food labeling. In recent years, suits have been filed about foods that are labeled "healthy," "all-natural," and "gluten-free," among others. The general basis of these suits are that the labeling claims amount to deceptive advertising. R. Trent Taylor from McGuire Woods explains the trend in detail here: http://www.mondaq.com/unitedstates/x/285746/food+drugs+law/2014+Food+Industry+Outlook+Food+Labeling+Litigation
Careful analysis of both the marketing and labeling of food products should be considered both in the business and legal context prior to offering a product to the public. This applies as well to restaurants and bars offerings on menus, websites, and specials. Please contact the Food and Beverage Team via Jonathan Boulahanis at Clark Hill with any questions - jboulahanis@clarkhill.com.
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