Donnelly McDowell Quoted in Modern Retail

Partner and Advertising and Marketing practice group chair Donnelly McDowell was quoted by Modern Retail in their article, ​“Class-action Lawsuits Over Nutritional Claims on the Rise in MAHA Era.” The article covers a recent uptick in class-action lawsuits against food manufacturers in the ​“MAHA age,” which has led to more complex consumer criticisms of food and beverage companies’ health and wellness claims.

Donnelly told Modern Retail that health and nutrition claims, along with related marketing campaigns, have been an active source of litigation and enforcement for many years. ​“The politicization of these issues recently has increased attention,” he said. ​“There is also a whole new set of legislators and regulators that are taking a more active role at the state level,” He added that, historically, it would have been unlikely for a red state’s Attorney General to view these issues through a broader UDAP (Unfair or Deceptive Acts or Practices) lens. ​“But we’re now seeing investigations and enforcement from both red and blue states on top of the longstanding private litigation,” he said.  

Read the full article here.