Perkins Coie includes a dedicated team of lawyers focused on food industry litigation and liability. We defend food and beverage manufacturers and others in consumer class actions and other claims throughout the country and in defense of claims under California’s Proposition 65.
The many gray areas in FDA guidelines add to the current uncertainty surrounding food litigation. We have reduced risks for food litigation clients and achieved significant successes, which include our handling of the first federal appellate case to uphold Nutrition Labeling and Education Act (NLEA) preemption in food labeling, Turek v. General Mills. In the multidistrict In re Cheerios class action, our team obtained summary judgment and defeated a claim that had been pending for years and was challenging one of our client’s flagship brands.
Practicing at the center of highly controversial issues and industry challenges, our lawyers’ achievements include extensive experience with key arguments involving “natural” claims and GMOs, including preemption, primary jurisdiction, failure to allege or establish damages, lack of specificity under Rule 9(b), and federal First Amendment and Commerce clause defenses. We also regularly manage and develop strategies to help defeat class certification in a range of food and beverage-related claims.
Our attorneys are frequent media commentators and presenters on legal issues confronting food and beverage makers, which include the food labeling modernization bill and claims related to high fructose corn syrup, alkalized cocoa, sodium benzoate and ascorbic acid.