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Courts Pass “Natural” Food Cases To FDA, Which Dithers About Definition

July 17, 2017: 12:00 AM EST
Food-related class action lawsuits have been rising over the last nine years, but dropped eight percent last year. A law firm that keeps track of the suits said the decline last year could be the result of the FDA grappling with the claim “natural.” There were 145 lawsuits filed in 2016, mostly in California and New York, alleging false labeling related to ingredients or the type of processing used in a product. The decrease in lawsuits seems to be related to the frequent application of the “primary jurisdiction” doctrine in food litigation. A judge can stay or dismiss actions pending an administrative agency’s resolution of a matter, viz., the FDA’s ongoing exploration of the definition of “natural." [Image Credit: © FDA ]
Deanna Pogorelc, "Fewer ‘Natural’ Lawsuits in 2016", New Hope Network, July 17, 2017, © Penton
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