Misleading Label Lawsuits
Our consumer protection lawyers represent consumers who suffer monetary losses due to inaccurate or deceptive product labeling in misleading label lawsuits. Consumers depend upon the accuracy of food and other product labels to make safe and informed product choices. Labels that mislead consumers or provide false information can violate state and federal labeling laws. Deceptive product labels may also violate state and federal advertising laws. (For more information on illegal product advertising, see False Advertising Consumer Lawsuits and False Advertising Lanham Act Lawsuits.)
Product Labeling Class Actions
Deceptive product labels can violate consumer fraud, false advertising, and product labeling laws. Misleading label lawsuits are generally brought as class actions by consumers who have made unwanted purchases in reliance on false or deceptive labels. For example, this Monsanto Roundup® misleading label case.
The federal Fair Packaging and Label Act (FPLA) regulates labeling of all “consumer commodities” as to net contents, product identity, and manufacturer’s, packer’s, or distributor’s name and location. The Act also authorizes additional regulations necessary to enable value comparisons or prevent consumer deception regarding:
• slack-fill packaging
• lower-price labeling
• “cents-off” labeling
• package sizes
Deceptive Food Labeling Lawsuits
A large percentage of misleading label lawsuits involve incomplete, inaccurate, or ambiguous food labels. Both the Food, Drug, and Cosmetic Act (FFDCA) and the Nutrition Labeling and Education Act (NLEA) outlaw deceptive or false food labeling.
False or misleading food label lawsuits include actions related to purchases of foods illegally labeled as “organic.” The Organic Foods Production Act (OFPA):
• created national standards for “organic” food product production, processing, and handling, and
• authorized creation of the National Organic Program (NOP), which dictates standards food producers must meet to comply with organic food labeling requirements
Consumers may also bring actions against food manufacturers and marketers for labels falsely characterizing food products as “all natural.” Consumers in “all natural” misleading label lawsuits generally allege that the labels induced them to buy foods they would not have purchased if they had not been misled by their “all natural” claims.
Illegal Green Labeling Lawsuits
False labeling lawsuits also include actions involving non-food products with deceptive labels. Inappropriate or misleading “green” (environmentally friendly) labeling may violate state and federal laws. Federal Trade Commission (FTC) Green Guides provide instruction on the creation of labels that will not mislead consumers regarding a product’s environmental effects.
Damages in Deceptive Labels Lawsuits
Courts may order defendants in misleading label actions:
• to pay damages to consumers for monetary losses sustained from purchasing unwanted products in reliance on false or misleading labels, and
• to remove false and deceptive labels from product packaging
Contact a Consumer Protection Lawyer
Deceptive food and other product labels can cause consumers to make unwise and undesirable product choices. If you are the victim of false or misleading labeling, contact us today to inquire about starting or joining a false / misleading label lawsuit. We will evaluate your case without charge.