Our new white paper, The Role of Science in Burgeoning Health Litigation: A New Perspective on Food and Beverage False Advertising Claims, discusses the dramatic increase in food- and beverage-related false advertising lawsuits in recent years and the even more recent preponderance of claims relating to nutrition and health. Some plaintiffs’ lawyers even accuse such purportedly misleading advertising and labeling of contributing to health problems. While many companies confronting these lawsuits employ standard defenses, the merits are infrequently adjudicated.
Our whitepaper addresses how food and beverage companies vulnerable to false advertising litigation associated with health and nutrition-related claims should consider an alternative approach – defending their products on the scientific merits. Doing so will enable the targeted companies to muster more vigorous defenses in courts of law, and respond more meaningfully in the court of public opinion. Indeed, food and beverage companies should consider preparing far in advance of lawsuits being served, by regularly, truly and freely engaging with the scientific and medical communities, just as prudent manufacturing companies engage with safety engineers.