Litigation: Labeling lawsuit defenses

Defense strategies for makers of food, beverages, cosmetics, tobacco, medicines and more

This year has seen a continuation of the product liability trends of 2012: namely, plaintiffs attorneys including manufacturers of food, beverages, tobacco, medicines and medical devices as their primary targets. These lawsuits have focused on labeling of these products like never before. 

In response, defense attorneys have successfully used new regulatory and First Amendment defenses to thwart these lawsuits. These defenses have been invoked in a number of circuits, but many circuits have not yet decided on the applicability of these regulatory and First Amendment defenses to labeling actions, so defense lawyers and in-house counsel across the country need to be aware of these trends.

Contributing Author

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Sara Turner

Sara M. Turner is a shareholder at Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (Birmingham). Her practice focuses on litigation of product liability, commercial, long...

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Contributing Author

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Kris Anderson

Kris Anderson is an associate at Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (Birmingham). He concentrates his practice in litigation, including commercial disputes, business torts,...

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