Lawyers From Suits Against Big Tobacco Target Food Makers

August 19, 2012
More than a dozen lawyers who previously took on the tobacco companies have filed 25 cases against industry players like ConAgra Foods, PepsiCo, Heinz, General Mills and Chobani that stock pantry shelves and refrigerators across America.

The suits, filed over the last four months, assert that food makers are misleading consumers and violating federal regulations by wrongly labeling products and ingredients. While there has been a barrage of litigation against the industry in recent years, the tobacco lawyers are moving particularly aggressively. They are asking a federal court in California to halt ConAgra’s sales of Pam cooking spray, Swiss Miss cocoa products and some Hunt’s canned tomatoes.

“It’s a crime — and that makes it a crime to sell it,” said Mr. Barrett, citing what he contends is the mislabeling of those products. “That means these products should be taken off the shelves.”

The food companies counter that the suits are without merit, another example of litigation gone wild and driven largely by the lawyers’ financial motivations. Mr. Barrett said his group could seek damages amounting to four years of sales of mislabeled products — which could total many billions of dollars.
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