Amanda Groves Explores Class Actions Trends Impacting the Dietary Supplement Industry

Winston & Strawn Class Actions Practice Co-chair Amanda Groves spoke at American Conference Institute’s (ACI) Regulatory and Compliance Forum on Dietary Supplements on June 27 in New York. Together with the Council for Responsible Nutrition (CRN), this forum addressed the legal and regulatory challenges facing the dietary supplements industry.

Amanda presented “Of Piggy Backs and Copy Cats: Exploring the Latest Class Action Trends Impacting the Dietary Supplement Industry.” This session addressed:

• Examining recent piggy back and copycat trends in class action filings against dietary supplement manufacturers
  • Klingberg et al v. Whole Foods Market, Inc., Case No. 17-cv-138, N. D. IL. (derivative of State AG coalition activity)
  • Vanderwerff et al v. Quincy Bioscience Holding Company, Inc. et al., Case No. 17-cv-784, D.N.J. (derivative of FTC and NY AG action)
• Exploring the link between FTC, NAD, state consumer protection and federal enforcement activity and plaintiffs’ bar
• Examining other popular class actions trends impacting supplement makers
  • slack fill
  • country of origin
  • natural
  • health benefits
• Exploring class action defense and class decertification strategies
• Taking a closer look at burdens of proof and circumstances in which the burden may shift in these new scenarios
• Devising strategies to minimize class action exposure and mitigate liability

Scott Glauberman and Chris Essig also attended the conference on behalf of the firm.