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New FDA Labeling Rule Poses Litigation Risk to Late Actors

The consumer class-action landscape in this country has evolved to the point where using merely a few words can land a food or dietary-supplement manufacturer in court. Consequently, companies are now well versed in the need to amass significant evidence to support claims that products are “all natural” or “gluten-free.” On April 28, 2014, the U.S. Food and Drug Administration (FDA) published a new product label rule in the Federal Register, which gives these companies cause for concern about different food or dietary-supplement descriptors: “high in” certain omega-3 fatty acids; “rich in” certain omega-3 fatty acid; and “excellent source of” certain omega-3 fatty acids.


New FDA Labeling Rule Poses Litigation Risk to Late Actors originally appeared in Young Advocates - American Bar Association Section of Litigation, April 2014. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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