How FDA Warning Letters to Other Companies Increase Your Business’ Litigation Risk

This article originally appeared in Food Manufacturing. Reprinted with permission. Any opinions in this article are not those of Winston & Strawn or its clients; the opinions in this article are the author’s opinions only.

Most food manufacturers today know that receipt of an FDA Warning Letter about a labeling issue creates litigation risk. If the FDA has concerns that a label may be misleading, a consumer class action on the exact same issue is usually not far behind. But recent developments have made the impact of such letters even more far-reaching. Increasingly, FDA Warning Letters are being used to support consumer class actions against other companies, and courts have allowed claims based on those letters to move forward toward trial. 

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