The Food Safety Modernization Act: A Review Of the Act and Its Potential Impact on Private Litigation

The recently enacted Food Safety Modernization Act implements a new system of federal oversight of food products, say attorneys Philip N. Yannella and Eliot J. Walker in this BNA Insight. The authors analyze the new law, signed by President Obama Jan. 4, and examine its potential impact on litigation against the food industry. Yannella and Walker caution that as FDA scrutiny of food safety practices increases, “so too may opportunities for plaintiffs’ counsel to allege that manufacturers deceived consumers regarding the safety of their products.”