Food and Nutrition Litigation
Analysis Group applies rigorous economic, scientific, and behavioral expertise to assess claims related to foods and dietary supplements, supporting clients in matters spanning consumer protection, advertising, product liability, and mass torts. We have worked on complex litigation and regulatory challenges concerning product labeling and nutrient content claims (e.g., high protein, high fiber, low sugar, all natural, healthy), marketing and advertising strategies, consumer understanding and behavior, market definition, and damages.
Our cross-disciplinary teams have deep expertise in economics, nutrition and epidemiology, public health, clinical and behavioral science, and marketing. We attend closely to the evolving regulatory standards and litigation trends in the food and beverage sector, and ensure methodological choices align closely with the relevant legal questions.
Our Capabilities
- Product Labeling and Consumer Understanding
Assessment of liability, materiality, and consumer purchasing behavior related to nutrient content and health benefit claims, including analysis of consumer perception surveys, marketing research, and US Food and Drug Administration (FDA) labeling standards. - Scientific, Clinical, and Epidemiological Analysis
Synthesis of nutritional science, public health, and clinical research related to dietary patterns, nutrient intake, and health outcomes. Clinical expertise in conditions including obesity, diabetes, and cardiovascular diseases. - Economic Impacts of Health Conditions
Evaluation of the economic impacts of health conditions such as obesity on patient productivity, health care utilization, and long-term health care costs. Assessment of cost-effectiveness of dietary or supplement intake changes and food policy interventions. - Damages Analysis
Analysis of economic harm, unjust enrichment, and damages associated with allegedly misleading food and nutrition claims. Evaluation of the incremental sales, price premium, or market share attributable to challenged claims or features. - Regulatory Analysis and Compliance
Evaluation of health claim compliance with FDA, US Department of Agriculture (USDA), and Federal Trade Commission (FTC) requirements. Consulting on evolving regulatory guidance related to labeling, and definitions under nutrition science frameworks. - Market Definition and Competitive Effects
Assessment of product substitutability, brand and private label competition, and functional market boundaries for food products and supplements. Modeling of pricing, promotion, and consumer choice across food and supplement categories. - Behavioral and Marketing Science
Assessment of consumer interpretation, attention, and belief formation in response to labeling claims or advertising. Analysis of consumer engagement, evaluation of real-world data (RWD), and development of bespoke surveys to support or rebut materiality, deception, or reliance claims.
Our Expert Offerings
Analysis Group supports experts across scientific, economic, and regulatory domains relevant to food and nutrition litigation, including:
- Nutrition and Public Health: dietary assessment, obesity, metabolism, and the relationship between diet and chronic disease
- Behavioral Science and Marketing: consumer research, choice modeling, survey design, and experimental methods
- Food and Nutrition Regulation: FDA, USDA, and FTC rules related to labeling, nutrient content claims, and marketing
- Damages: modeling unjust enrichment, overpayment, price premium, and lost profits claims
- Food Science and Industry Expertise: product formulation, food processing classifications, and labeling practices in the food industry
Selected Case Themes
- Evaluation of protein label claims and analysis of consumer perceptions of quality and digestibility of protein sources
- False advertising and consumer fraud cases related to ingredient claims (e.g., natural, no preservatives, organic) and health claims (e.g., supports immune health, heart healthy)
- Challenges involving links between nutrition claims and alleged health risks, including those related to obesity, insulin resistance, or chronic disease outcomes
- Assessment of the economic impact of label changes
- Analysis of class certification issues and calculation of class-wide relief in food marketing litigation
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Q&A Understanding Obesity: In Conversation with Professor John Cawley and Dr. Fatima Cody Stanford -
PublishingBryan v. Del Monte Foods -
Featured Expert Edward J. Fox -
Featured Expert Tülin Erdem -
Forum Deceptively Simple: Survey Evidence in Food and Beverage False Labeling Class Actions -
Case OutcomeLevi Jones et al. v. ConAgra Foods Inc.
