Overview
Food and dietary supplement class action litigation continued – and evolved – throughout the pandemic, and there is no indication that filings will slow down anytime soon. Join leading plaintiffs’ and defense litigators for a roundtable discussion that will cover the latest developments in: (1) Heavy metals in baby food and other environmental contaminant-based lawsuits; (2) Flavor litigation including vanilla products and fruit-flavored water; (3) Challenges to dietary supplement health and benefit claims; and (4) Increased focus on ESG (Environment, Social, and Governance) claims by both industry and the Plaintiffs’ bar. Panelists will also discuss recent settlements and what they might mean for pending and future cases
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Speakers
Benjamin P. Abel, Associate, McGuireWoods LLP
Timothy G. Blood, Managing Partner, Blood Hearst O’Reardon LLP
Maia C. Kats, Of Counsel, Kaplan Fox & Kilsheimer LLP
Moderated by David T. Biderman, Partner, Perkins Coie LLP
BENJAMIN P. ABEL is an associate at McGuire Woods LLP where he focuses his practice in representing clients in products liability and class actions, with a particular emphasis on food and beverage labeling claims. Ben’s trial and litigation experience includes product liability, personal injury, premises liability, transportation, higher education, and CERCLA cases. He has substantial experience “on his feet,” having successfully tried cases to verdict and argued a wide array of motions. Ben has also taken and defended party, witness, and expert depositions under federal and various states’ rules of practice. Much of Ben’s practice is devoted to advising and defending food and beverage clients in food-related litigation, especially labeling claims. Ben regularly advises manufacturers, distributors and retailers on matters related to Food and Drug Administration, US Department of Agriculture, and Tax and Trade Bureau compliance. In this capacity, Ben has defended manufacturers and retailers in a series of lawsuits concerning the labeling of vanilla-flavored products, as well as suits involving various other labeling and marketing claims. As part of this work, Ben also serves as a frequent voice in the media, having written extensively and been quoted on food and beverage topics. Ben’s work has appeared in a number of industry publications, including Food Dive, QSR, and Food Manufacturing. Ben also devotes a substantial portion of his practice to pro bono efforts and serves as the Charlottesville office’s contact with the Volunteer Lawyer Project. Ben’s past pro bono successes include representing a § 1983 plaintiff in a prisoner abuse suit to a favorable settlement, as well as securing Special Immigrant Juvenile Status for two minor children fleeing abuse and gang violence in their home country. Currently, Ben’s pro bono work includes representing a class of Virginia drivers challenging the Commonwealth’s license suspension scheme for failure to pay court debt, which resulted in the General Assembly’s repeal of the statute, as well as representing a habeas petitioner challenging his conviction as a minor by a since convicted police detective. During law school, Ben externed with the Honorable David J. Novak of the United States District Court for the Eastern District of Virginia and interned with the Honorable Karen J. Burrell of the Norfolk Circuit Court. Prior to law school, Ben taught middle school for two years in Phoenix, Arizona.
MAIA C. KATS is of counsel at Kaplan Fox LLP. She is a highly experienced class action litigator and her specialty is deceptive food and supplements marketing. Ms. Kats is a frequent speaker on food law and litigation. Prior to joining Kaplan Fox, as Litigation Director for CSPI, she led successful litigations against Coca-Cola, PepsiCo, Jamba Juice, General Mills, Campbell’s, Kellogg’s, CVS, and many more. Her cases are regularly featured in the press, including on Good Morning America and the Washington Post. She is a graduate of the University of Michigan Law School.
DAVID T. BIDERMAN, a partner in Perkins Coie’s San Francisco and Los Angeles offices, focuses his practice on mass tort litigation and consumer class actions. He heads the firm’s Consumer Products & Services Litigation group. He has represented a wide variety of companies in state and federal courts in California for 30 years. Regarding consumer class actions, David represents consumer packaged goods and food companies whose nutritional or health claims have been challenged. He also has represented search engines and other online companies as well as consumer finance companies. He has a record of favorable results for clients. He successfully tried a major consumer fraud class action on behalf of one of the world’s major search engines in a case involving online gambling advertisements. For that same client, he negotiated a favorable settlement of a class action challenging its online advertising pricing. He represented a major coffee retailer in defeating a class action on standing grounds. He also has litigated pre-emption defenses arising out of food labeling and obtained a dismissal for a client whose nutritional statements were challenged.Virtual Learning FAQ
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