Partner Charles Sipos was quoted in the Natural Products INSIDER article, “Lawsuits Targeting Food Labeled as “Natural” Plummet in 2016,” regarding substantial decline in the number of putative class action lawsuits aimed at food products or ingredients labeled as “natural" during 2016.

“And in response to those proceedings, many district courts have entered orders staying litigation concerning natural for very good reasons because under the primary jurisdiction doctrine, courts recognize that … the federal agency tasked with regulating food labeling, which is the FDA, is in the best position to resolve these issues in the first instance," Sipos said.

“One, the FDA has significant authority from Congress to set rules and regulations for food labeling, and those rules and regulations apply nationwide," he said. Second, he noted the agency has the relevant scientific expertise to determine such issues as whether foods containing bioengineered ingredients can be labeled as natural.

Among consumers, Sipos concluded, “[T]here’s just this wide-ranging understanding and belief as to what the claim means … and that’s contrary to what you have to show for a class action, which is some common understanding."