June 25, 2014
Partner August T. Horvath was quoted in the Nutritional Outlook article “Why the Supreme Court’s Decision in POM v. Coca-Cola Could Have Been Worse for Industry.” The article looks at what the Supreme Court ruling means for the food industry, and if more companies will start suing over food labels that already meet FDA regulations. Mr. Horvath commented “The [food] industry doesn’t consider the Supreme Court’s decision good news because the industry likes clarity. It liked it when it thought that the federal regulations were clear and that you were safe as long as you did what they said it was okay to do. .. Now they have to worry about lawsuits.” However, it seems it could have been much worse. “The Court took pains to draw a line around this decision… They were very clear at several points to say that this is not about the preemption of state lawsuits—which is what the food industry is very concerned about because that’s where the class action lawsuits [happen],” Mr. Horvath explained.