Venable partner Claudia Lewis and counsel Heili Kim were quoted in a May 3, 2016 O'Dwyer's article on the risks facing products labeled as "all natural" and the benefits of partnering with bloggers. Citing ambiguous Food and Drug Administration statutes, a California Supreme Court ruling allows lawsuits to move forward on a class action basis challenging the labeling of products. "These opportunistic plaintiff’s attorneys are poised to seize on packaging and claims to extort private settlements from food companies," Lewis and Kim said.
The problem can be complicated by bloggers who pile on bad publicity and in some cases force companies to close. One possible solution is for companies to partner with bloggers to help build their brand. "Promoting and partnering with bloggers is an important component to the overall marketing strategy and can be done in a way that is consistent with the law," Lewis and Kim added.