The deluge of class action labeling claims against food companies showed no signs of slowing in 2013. In fact, over the past two years, more than 100 such suits have been filed with the largest number of cases pertaining to “natural” claims and the use of GMO ingredients in “all-natural” products. The past two years have made clear that frozen food products are not immune to the threat posed by such litigation.
These lawsuits are generally based on the allegation that certain information on the packaging of the food products was false or misleading and that consumers reasonably relied on that information to their detriment. Significantly, class action plaintiffs are generally allowed to file suit with respect to products they purchased along with “substantially similar” products. This allows such suits to encompass—or potentially encompass—a wide range of products with similar claims on their labels.