Partners Lynda Zadra-Symes and Jonathan Hyman, and associate Rachel Zacuto authored the article “The Rise of False Advertising Lawsuits in the Food and Beverage Industry,” published in QSR Magazine.
In the article, the authors discuss the rise of false advertising lawsuits in the food and beverage industry. They write, “[w]hile false advertising suits are not a new phenomenon, they are steadily on the rise, with over 200 class action lawsuits filed each year from 2020-2022, compared with 53 suits filed in 2011.” The authors address several factors that contribute to this trend, including increased awareness due to pervasive online advertising, increased awareness from consumers who pay more attention to how a product is advertised, and social media as a tool for dissatisfied customers to more easily galvanize support.
The authors examine some of the federal and state consumer protection laws that exist. They also analyze recent lawsuits, some of which have resulted in favorable awards to the plaintiffs and others that have been dismissed, demonstrating the tenuous distinction between mere exaggeration and actionable false advertising. Zadra-Symes, Hyman and Zacuto conclude by providing valuable considerations for brands and intellectual property practitioners who may navigate similar claims.
Read the full article here.
