New Class Action Target: Food and Beverage “Process” Claims

Going a step beyond now familiar class actions over label claims like “natural,” some plaintiffs are now alleging false advertising or deception on the basis of claims relating to the processes involved in producing food or beverage products, writes Bryan Cave attorney James D. Smith. One recent case alleges that purchasers of Chiquita bananas are mislead by virtue of the fact the company on its website says that it supports environmentally-friendly farming practices. Another cases have challenged the “handmade” designation on Maker’s Mark bourbon and Tito’s vodka. These would-be process class actions face an uphill battle, but the fact they are being filed should be reason enough for companies to reexamine their labels, the author says.