Food Makers Should Consider Polling Consumers on Labeling
7/20/2010

Summary:

Stoel Rives attorney Ken Odza commented on increased pressure by the Federal Trade Commission (FTC) and U.S. Food and Drug Administration (FDA) on the food industry over nutritional marketing claims. "Food safety and food marketing are high priorities for the Obama administration," Odza said. "The FDA and FTC have made it clear they are in enforcement mode."

Odza suggested that food companies consider polling consumers on labeling when conducting other research on new products. "Why not ask consumers what they think of the labeling and how it compares to the actual ingredients?" he said. "Even if you don't believe it's misleading, it can cut off the ability for plaintiffs to make claims and gives you research to defend a claim. You can tell the court, 'Consumers did not believe the marketing was misleading.' Think of it as useful for prevention and nice ammunition for defending a claim."

"Nutritional Marketing Claims Raise Ire of FTC, FDA" was published by Law360, July 2, 2010.