When Is Food “Unlawful” or not “Merchantable”: Court Ruling Further Confounds Food Labeling Suit Defendants
May 9, 2014
Authored by: Brandon Neuschafer
Phoenix Partner James Smith and San Francisco Associate Sara Ahmed authored a legal opinion letter published April 25 online by the Washington Legal Foundation regarding food labels. A recent recommendation from the U.S. District Court for the Northern District of California highlights the many difficulties and uncertainties that defendants face in food labeling class actions based on California law. “While this decision highlights the need for clarification regarding the UCL’s [California’s Unfair Competition Law] ‘unlawful’ prong, the implied warranty analysis is more troubling,” they wrote. “In essence, it has turned a warranty remedy designed to address situations where a consumer did not receive what she bargained for into strict liability without any showing of injury.” Click here to read their full article.