Food & Consumer Products Litigation

Food and retail product manufacturers, distributors, and retailers face a unique set of legal challenges and a constantly changing regulatory landscape. Mintz Levin has extensive experience representing food/retail products industry clients in consumer fraud class actions, labeling challenges, false advertising claims, government enforcement actions, and supply chain disputes. In so doing, we have acquired specialized knowledge of the litigation issues unique to the food and retail products industry.

Our team has more than 25 years of involvement in this industry, and has developed an in-depth understanding of its issues and challenges. We've worked with manufacturers, distributors, and retailers of food, cosmetics, dietary supplements, beauty products, personal and home care services, over-the-counter (OTC) drugs, homeopathic remedies, and other consumer goods to assist in reducing liability and, when feasible, shut down litigation early and cost-effectively. Our experience is rooted in defending companies in litigation arising from all aspects of product production, labeling, distribution, and sale. 

Our experience in product safety and other regulatory issues and commercial concerns helps us help you with product risk management. We know how to protect your business — from product inception through product  launch, and while your products are in the marketplace.

In addition, we represent the industry in general commercial litigation, privacy- and data-related breaches, commercial indemnification claims, and actions brought under trade regulation statutes. 

When issues arise, we can help you respond quickly and in a way that meets your business objectives.


Quick Facts


  • Ability to cover a wide spectrum of industry-related issues in any federal, state, or multistate case
  • Ability to navigate complex consumer product federal and state laws and regulations set by the Food and Drug Administration (FDA) and Federal Trade Commission (FTC)
  • Publishers of Consumer Product Matters, a law blog with a national reputation for delivering timely, relevant content to the industry
  • Significant class-action experience, including successfully defeating dozens of class certification motions
  • Co-authors of the class-action law chapter for Recent Developments in Business and Corporate Litigation, an annual publication of the ABA Business Law Section

Areas of Focus

  • Deceptive, false, and misleading advertising laws
  • State unfair competition laws
  • Consumer Legal Remedies Act (CLRA)
  • California's Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65)
  • California's consumer packaging regulations (slack fill)
  • Natural, organic, and green claims
  • GMOs and food bioengineering claims
  • "Made in USA" claims
  • Lanham Act claims
  • California Transparency in Supply Chains Act
  • California Proposition 65

REPRESENTATIVE EXPERIENCE

  • Successfully resolved numerous California Unfair Competition claims (17200) and False Advertising Law claims (17500) against manufacturers of dietary supplements, food, cosmetics, home, beauty, and homeopathic medicine products.

    Conceived, briefed, and argued a winning preemptive motion to deny class certification in a putative nationwide class action against one of the world's largest retailers for products labeled "Made in USA" but allegedly containing imported components. Claims were made under the false advertising and unfair competition laws of all 50 states (including section 17200 and the CLRA). The district court granted our motion denying class certification before any discovery occurred, and the Ninth Circuit rejected the plaintiff's request for interlocutory review under Rule 23.

    Successfully resolved actions brought under California Proposition 65 against a variety of consumer products.

    Successfully defended a California grocery retailer in a state court lawsuit and on appeal. The lawsuit was filed by three Union for Food and Commercial Worker–employed plaintiffs alleging that the retailer violated the Rosenthal Roberti Item Pricing Act.

    Successfully defended California "slack fill" claims against manufacturers of dietary supplements and foods.

    Routinely conduct in-house legal compliance and educational training for global companies, professional liability groups, various chapters of a national legal association, and local bar groups.