Angel Garganta, Venable: 'No antibiotics’ claims
Angel Garganta, partner, Venable: I'll be looking out for class action challenges to ‘no antibiotics’ claims on foods, particularly dairy. Certain plaintiffs’ lawyers have begun pushing the novel theory (modelled on prior challenges to ‘natural’ and ‘non-GMO’ claims) that even if foods themselves do not contain antibiotics,* ‘no antibiotics’ claims are false or misleading if antibiotics may have been used at some point in the supply chain for the food (e.g., if cows that produced milk may have been treated with antibiotics when sick).
*The use of antibiotics in food is generally prohibited by USDA and other regulations, and foods such as milk are stringently tested to ensure that they contain no antibiotics.
