Corporate Counsel Features Lori Leskin on Rising ‘No Preservatives’ Labeling Lawsuits

Lori Leskin, co-chair of Arnold & Porter’s Consumer Products Practice Group, was recently quoted in the Corporate Counsel article, “Surge of ‘No Preservatives’ Lawsuits Ups Pressure on Food Companies to Parse Their Labels,” which examined a recent wave of class action litigation challenging food and beverage labels that claim products contain no artificial preservatives.

Lori said companies facing such claims may be able to defend themselves by demonstrating that ingredients like citric acid or sodium ascorbate are used for purposes such as flavor or consistency, rather than preservation. She also noted that food manufacturers should expect continued scrutiny of marketing claims as plaintiffs’ attorneys pursue new labeling theories.

“Part of the cost of doing business in the current environment is you have to be extremely careful about the claims you are making and make sure they are defendable,” Lori said.

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