Tuesday, January 26, 2010
BNA Law Week has an article by George Sibley and Alan Rudin called "Toxic Torts Minus Toxicity: Of Consumer Fraud Claims Relating to Food." 78 U.S.L.W. 2423.
The thesis of the article is that the proliferation of cases attacking the use of various substances in food (such as trans-fat) via consumer fraud claims rather than other types of torts (such as latent injury suits seeking medical monitoring or damages for increased risk). According to the authors, these claims are succeeding.
We do a poor job of regulating the food supply and manufacturer representations about the healthfulness of their wares. If you want to follow these issues from a plaintiff's perspective, Bill Marler's blog is very interesting.