Shagha Tousi, a partner in Nutter’s Litigation Department and a member of the firm’s Business Litigation and Product Liability and Toxic Tort Litigation practice groups, discussed how food and beverage manufacturers can avoid litigation targeting their product packaging in Food Quality & Safety Magazine. In the article, “Beware of Product Packaging Pitfalls,” Shagha explores the types of cases that can be brought and the claims made in those actions. She notes that regulators and plaintiffs’ lawyers pose dual threats as potential sources of litigation to food and beverage companies based on their product packaging and labeling.
Shagha points out that the best way to avoid being the subject of a regulatory action is to make sure that a food and /or beverage company is in compliance with all FDA regulations, including by obtaining appropriate certifications from their suppliers and working with co-packers to make sure that all appropriate standards are being met. According to Shagha, in addition to avoiding regulatory action, food and beverage companies should be wary of a consumer class action by the plaintiffs’ bar. One way to avoid piquing the interest of plaintiffs’ lawyers is to ensure product packaging and marketing is well within the boundaries of FDA regulations or Guidances.