The interplay between government regulators, self-regulatory bodies, consumer classes, and competitors regarding food and health claims has fed a series of false advertising lawsuits that have far-reaching implications for all advertisers.

On August 16, 2012, Kelley Drye held a webinar that identified "the beast" – trends driving litigation in the food industry – and provided strategies in the fight to win – by getting the case dismissed or trying the case to victory. A Kelley Drye attorney who has been on the front line provided lessons learned from several false advertising suits launched by POM Wonderful – which touched off dozens of cases in federal, state, and administrative courts – as well as the class action Simpson v. Challenge Dairy Products, Inc. and Kroger Corporation. The speaker identified what other companies can learn from these cases about federal preemption, the effectiveness of counterclaims, and risk analysis in false advertising lawsuits.

CLE Credit Opportunity

This program provided 1.5 NY CLE credits and 1.25 CA MCLE credits. CLE credit may also be available for IL. If you are interested in applying to receive CLE credit, please include your desired CLE jurisdiction(s) and your bar registration number when you register.

In accordance with the requirements of the New York State Legal Education Board, this non-transitional CLE program is not approved for newly-admitted attorneys within the first two years of admission to the Bar.