Trends Summer 2014 - page 9

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FDA LITIGATION
Ravioli Trees and Tortellini Bushes: A Defense
Lawyer’s Best Chance in “Natural” Litigation
By Joshua L. Becker, Jenny A. Mendelsohn and Brendan Carroll
There is an increasing amount of litigation in the food and beverage industry regarding marketing
claims that a product is “natural”or “all natural.” Specifically, consumers are alleging that companies
engage in false and misleading advertising when they market their products as “natural” or “all
natural” even though such products contain genetically modified or synthetic ingredients. Such
lawsuits are likely to increase until a definition is settled on as to what constitutes a “natural” or “all
natural” food or beverage. Until then, the best way to avoid protracted “natural” litigation is at the
motion to dismiss stage, although this is not guaranteed to succeed.
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