November 01, 2017 GPSolo

Misleading Food Labeling and Advertising under the Lanham Act and the FDCA

Gene Markin

As consumers, we rely on federal agencies, such as the Food and Drug Administration (FDA), to set standards for and police the contents, accuracy, and adequacy of food and drink labels on products offered for purchase to the general public. We expect that nutritional labels on the food products we find at grocery stores, gas stations, and chain retailers contain all the necessary disclosures required by federal guidelines, such as the Federal Food, Drug, and Cosmetic Act (FDCA). If we are misled, we may have a private cause of action against the manufacturer under state consumer protection laws.

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