Unless you've literally pulled it out of the ground yourself and stuck it in a box, don't call it 'all-natural'
One of the most popular sessions we attended focused on natural claims and GMOs, and was led by UNPA president Loren Israelsen (LI) and Denver-based attorney Justin Prochnow (JP) from Greenberg Traurig (pictured left).
Here are some choice quotes:
- "I tell my clients that unless you've literally pulled it out of the ground yourself and stuck it in a box, don't call it all-natural." (JP)
- "If you think you have a good case [when fighting an 'all-natural' lawsuit], you'll probably win in the end [many of these cases are dismissed - eventually], but after two years, and all that money, tell me if you think that's a win." (JP)
- "At the next Expo West you'll see the word 'natural' being used far less. I think we're seeing the end of the golden age of natural. We'll see more words like 'Simply' instead." (LI)
- "If you're using GMOs and making natural claims, there's a good chance you'll get sued." (JP)
- "Suing companies over food labeling claims used to be a cottage industry; now there are law firms where that's all they do - file lawsuits against food and beverage companies." (JP)
- "We're not seeing so many product liability cases, as these cases are really tough to prove."(JP)
- "We're still seeing lots of nutrient content claim cases [where defendants are allegedly failing to meet the conditions of use to make claims such as 'good source of fiber']. (JP)
- "Anyone using the term 'evaporated cane juice' on food labels is a potential target for a lawsuit. You face a big risk of getting sued." (JP)
- On whether products made with GMOs 'natural: "We're getting very erratic decisions from the courts." (JP)
Click HERE to see new data on all-natural claims.
Click HERE to see new data on all-natural lawsuits.
The data in the chart above was put together Erik Connolly, a partner in Winston & Strawn’s Chicago office; Anne Regan, a partner at Zimmerman Reed in Minneapolis; and Jeff White, a partner at Robinson & Cole in Hartford, Connecticut; who were speaking at a recent webinar run by Perrin Conferences. Click HERE for details.