Food Safety Regulation and Litigation: Minimizing the Risk of Product Liability Claims

This CLE course will provide product liability counsel with a review of the latest regulatory and case law developments related to food safety. The panel will examine critical issues in food safety litigation, explain the standards for fault, causation, and damages, and offer best practices to defend these lawsuits.

The Centers for Disease Control estimates over 48 million cases of foodborne illnesses in the U.S. and 3,000 deaths each year. To contain this perceived epidemic, federal regulators have implemented several measures over the last few years, including preventive controls, import and export rules, produce safety standards, regulations on administrative detention, and rules on product tracking and sanitary transportation under the Food Safety Modernization Act administered by the FDA. These new laws will affect how cases are handled.

Food safety litigation can be costly and time-consuming. Jury verdicts often reach millions of dollars and garner negative media attention. Successfully defending a food safety claim hinges upon mastering the unique standards.

Foodborne illness liability requires the establishment of fault and causation by the plaintiff. Counsel for both parties must understand the scientific link between the foodborne illness, the alleged harm to a plaintiff, and the defendant's product to litigate food safety lawsuits.

Counsel must also understand how to assess damages. The financial liability of all parties involved, the anticipation of plaintiffs' future medical costs, and defendants' insurance coverage play a crucial role in determining damages.

Listen as our authoritative panel of product liability attorneys discusses the latest developments in food safety regulation and litigation and defines the standards for establishing fault and causation and proving damages. The panel will explain best practices to defend food safety lawsuits.