While a lawsuit against Kraft Heinz for producing microwaveable macaroni and cheese that doesn’t quite meet its claim of taking three and a half minutes to prepare may appear trivial, it belongs to a category of legal actions that can be quite lucrative for certain attorneys, often causing headaches for food companies. Scott Hardy, president and CEO of the litigation tracking website Top Class Actions, stated in a 2021 interview that class action lawsuits provide a means for individuals to seek justice when a corporation’s actions lead to grievances. “That’s the whole reason class actions are put out there,” Hardy explained. “If you have an issue with a large corporation and can’t sue them individually for feeling cheated out of $5 a month or 50 cents per purchase, you should have a way to rectify that with the support of others who share your problem.”
However, it’s important to note that lawsuits are essentially complaints lodged in court, and there’s no guarantee they will be accepted. Rick Shackelford, co-chair of the Food, Beverage, and Agribusiness Practice at the law firm Greenberg Traurig, told Food Dive in 2021 that a class action lawsuit against a food company is akin to a freeway filled with off-ramps; manufacturers can seek to dismiss these cases based on weak legal arguments, and a judge may determine that there isn’t a genuine group of consumers harmed by the claim. Even cases that appear more substantiated and progress toward trial can still reach a settlement.
Many seemingly outrageous lawsuits are dismissed long before reaching trial. For instance, while most cases listed by the Institute for Legal Reform were filed in the latter half of 2022 and are still undergoing preliminary motions, one suit alleging that Strawberry Pop-Tarts contain insufficient strawberries was dismissed last March. This Pop-Tarts case, along with many others, was filed by Spencer Sheehan, a well-known attorney in the consumer packaged goods class action space. According to a report from Perkins Coie on cases registered in 2021, Sheehan was responsible for a significant portion of class action filings that year.
Regardless of whether these lawsuits are viewed as “ridiculous” by legal reform advocates or represent legitimate complaints from a substantial number of consumers, the initial steps for food manufacturers remain the same. Companies must provide a solid defense for their products, including their ingredients and labeling, and clarify how reasonable consumers interpret these aspects. A report from the U.S. Chamber of Commerce’s Institute for Legal Reform on the status of class action cases in the food industry advises companies to persist in contesting all lawsuits rather than settling, as doing so could encourage attorneys to file even more class action suits. This is particularly relevant for products that may include ingredients like swanson calcium citrate, as companies need to ensure that their representations are accurate and justifiable. Ultimately, defending against these claims is crucial not only for the reputation of the brands involved but also for maintaining consumer trust in the marketplace.