WILLIAM DANCE, TUCKER ELLIS LLP: Should the FDA step in and define 'natural'? I don’t think so
Next we asked William Dance, LA-based attorney at law firm Tucker Ellis LLP, for his thoughts…
FNU: Are food marketers pulling back from blanket 'all-natural'/'100% natural' claims?
Dance: Yes
FNU: Is the number of lawsuits over natural claims rising, falling or leveling off?
Dance: I think going down but GMOs will be the next argument within all natural litigation.
FNU: What can we learn from cases that have made it to the class certification stage?
Dance: I can’t think of any lessons that a general audience would be interested in except the lesson that when they do reach that stage, they will soon settle.
FNU: Who is driving all the litigation? Angry consumers or opportunistic lawyers?
Dance: I lean more seeing the suits as a way for plaintiffs’ lawyers to make money.
FNU: What is going through the plaintiff's attorney's mind when looking at possible targets and the potential payback?
Dance: Can the company make a meaningful settlement, first, and how likely is the company to settle without the plaintiff’s attorney having to do much work, second.
FNU: Should the FDA define 'natural'?
Dance: I don’t think so. I agree with the FDA’s position that it is a very difficult term to define and the definition will not be meaningful in the big picture. I think companies should consider refraining from using the label claim instead.
