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O’Melveny’s Voelz Quoted in Law360 on 9th Circ. Ruling on Food LabelingFebruary 25, 2013 O’Melveny & Myers LLP partner Scott Voelz was quoted in the February 21, 2013, Law360 article “9th Circ. Juicy Juice Ruling Could Curb Food Labeling Suits.” The article concerns an upcoming Ninth Circuit ruling that could impact the growing number of consumer suits accusing food and beverage companies of making unsubstantiated health benefit claims on their products’ labels. A proposed class action against Nestle USA Inc. claiming the company made unsubstantiated claims regarding one of its Juicy Juice products was tossed by a California district court and is now before the Ninth Circuit, according to the article.
Voelz remarked that a Ninth Circuit ruling agreeing with Nestle’s argument that the US Food and Drug Administration is better suited than private litigants to assess food and beverage labeling “would at least give defendants a consistent argument in California that many of these claims are inappropriate for private litigation and that essentially the best way to go about this is through regulation, not litigation.”
“Because so many suits are filed in California, it could have good impacts for the industry nationwide,” he added. “If it’s less attractive to file in the state, it may cause fewer suits to be filed overall.”
Voelz is a member of O’Melveny’s Class Actions, Mass Torts, and Insurance Litigation Practice and resides in the Firm’s Los Angeles office.