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A wave of new litigation has struck the food industry, with one group of plaintiffs’ attorneys behind the surge. In more than 25 putative class action complaints, this group of attorneys seeks to supplant the role of the Food and Drug Administration (FDA) in enforcing the Food Drug and Cosmetic Act (FDCA), its implementing regulations and FDA policy on front-of-package labeling. The complaints hinge on alleged technical violations of these statutes, regulations and policies, such as failing to include a required disclosure on the front of a package or stating that a product contains antioxidants without identifying the antioxidant. The complaints allege that the supposed violation of these statutes, regulations or policies renders the products “misbranded,” and the plaintiffs seek class-wide recovery of the full purchase price of the products. 

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