06.05.2017

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General News

David Biderman and the firm's "Food Litigation 2016 Year in Review" were featured in the FoodNavigator-USA.com article, "Food Litigation Trends: From the Future for ‘Natural,’ to Slack Fill, Prop 65 and Glyphosate Residues," regarding the drop off in 'natural' lawsuits and other food litigation trends.

In an analysis of 2016 filings, Perkins Coie noted that, "The number of filings aimed at food products or ingredients labeled as 'natural' or 'all natural' dropped significantly in 2016-by almost 50% from the 53 filed in 201 ~but the category remained active.

According to Perkins Coie partner David Biderman, there's no reason why the stays can't go on for some time: "It is not unusual for the FDA to take some time to address matters but that does not mean cases should proceed, " he told Food Navigator-USA.

"Again, the need for national consistency and informed FDA guidance outweigh is far more important and courts could likely be wasting time and resources focusing on an issue the FDA has agreed to address."

As for whether the natural probe will simply fizzle out, he said: "I disagree. This was a serious inquiry, the FDA recognized the issue was spawning litigation and even under the new administration, should address this."