Food labeling lawsuits are a type of product liability claim. They typically involve warning defects, which have to do with a failure to warn public consumers of risks or dangers associated with the product. They can also involve general misinformation about the food product. In some claims, intentional fraud can also be a factor. Other legal issues can be involved in food labeling claims, such as copyright or trademark violations.
Food labeling violations are dangerous because food products have the potential to reach large sectors of the population. If a food product is dangerous or is improperly labeled, many people can suffer injuries such as food poisoning or food toxicity. This can result in a class action suit.
Requirements for food labeling will depend on many factors, such the nature of the food product as well as state laws. Some examples of food labeling violations include:
- Failure to warn of risks associated with the food product, such as DMAA and other dietary supplements
- False information regarding the nutritional content of the food
- Misinformation about the standard or grade of quality of the product (i.e., labeling it “Grade AA” when it is actually an inferior grade
- The label is difficult or impossible to read
- Incorrect expiration dates
- Wrong label on the product
- Various other types of warning issues
If you feel that you have suffered an injury of financial loss due to a food labeling violation, it may be possible to sue a food company. If you need to take action, you should take the following steps:
- Keep all receipts, documents and labels associated with the product
- Gather all hospital bills, prescription medicine receipts, and other papers associated with money you have spent on medical treatment
- Compile pay stubs if you have lost wages
- Make a short written account of the nature of your injuries or economic losses; include how the product may have caused them
- Gather any witness statements or evidence from other witnesses if possible
- Contact a lawyer or legal professional if you need assistance with technical matters
Food labeling violations can lead to a monetary damages award paid from the defendant to the victim. In most cases, the defendant is the food manufacturer or distributor. However, in some instances, other parties may be liable, such as advertising agencies or retail grocers.
Food product lawsuits can often involve some complex laws and legal analyses. You may wish to hire a defective product lawyer if you need legal advice, guidance, or representation on such matters. Your attorney can provide you with assistance for your claim, and can help guide you toward the appropriate remedy, such as a monetary damages award.