Attacks on Food Industry Escalate: An Update Product Liability

Massachusetts, a state with liberal consumer protection laws, will likely be the newest battleground in the rapidly escalating childhood obesity wars. Consumer advocates plan to attack Kellogg, Viacom, Coca-Cola, and PepsiCo in two Massachusetts-based lawsuits, both of which reportedly will claim that their marketing and advertising have contributed to the rise in childhood obesity.

Plaintiffs have chosen Massachusetts for two principal reasons. First, unlike most state consumer protection laws, a Massachusetts statute—General Law Chapter 93A, Regulation of Business Practices for Consumers Protection (Chapter 93A)—appears to permit plaintiffs to bring a claim as a class action without first establishing several of the requirements of a traditional Rule 23 class. Second, Chapter 93A does not appear to require proof of reliance on the alleged deceptive conduct in order to recover damages.¹