Rulings, FDA Guidance May Help Food Cos. In Protein Suits

Claudia Vetesi, Nicole Ozeran, and Lena Gankin authored an article for Law360 discussing a wave of protein-labeling lawsuits hitting food manufacturers, alleging that their products’ front-label protein content statements violate U.S. Food and Drug Administration (FDA) regulations, and mislead consumers by overstating the amount of protein in the food products.

“While the plaintiffs admit that the FDA regulations are explicitly applicable to back-label claims, they allege that these same regulations do not apply to the same statements being made on front labels,” the authors wrote.

They added: “The defendants argue otherwise, claiming that the plaintiffs’ proffered theory would result the illogical result of having different protein statements on the front and back labels. And indeed, the U.S. District Court for the Northern District of California, in a February ruling in Nacarino v. Kashi Co., described the applicable regulatory scheme as ‘convoluted.’”

“That was true – until recently. The FDA released new guidance clarifying labeling requirements concerning protein claims, undermining the foundation of the labeling plaintiffs’ claims. And the Northern District of California has since dismissed these protein lawsuits with prejudice.”

Read the full article.