Classwide Arbitration: A Method of Resolving the "Natural" Food Label Litigations

Authors

Angelina Dalia, Benjamin N. Cardozo School of Law

Abstract

This Note discusses how classwide arbitration in food labeling disputes can better serve as a resolution method for both parties. Part I will review the current legal landscape surrounding food labeling litigations and the limitations of the FDA's regulatory and enforcement power. It will analyze how the lack of regulation has led to the recent surge in food labeling class actions. Part II will introduce the general benefits and downfalls of mandatory arbitration in comparison to litigation as a means of legal remedy. Furthermore, it will describe the recent trend of incorporating mandatory arbitration clauses and class action waivers in consumer goods and services contracts. Part III will argue that, while class action waivers may limit the number of food labeling lawsuits, it may have a detrimental effect on consumers and could lead to additional litigation as consumers fight the legality of such waivers. This Note will propose that food manufacturers use mandatory arbitration clauses without the class action waiver, using mandatory class arbitration as an alternative. Mandatory class arbitration provisions provide consumers with a remedy that is less costly and less time consuming than litigating in trial, but retain the benefits and rights of a represented class.

Disciplines

Communications Law | Consumer Protection Law | Dispute Resolution and Arbitration | Food and Drug Law | Law

Recommended Citation

Angelina Dalia, Classwide Arbitration: A Method of Resolving the "Natural" Food Label Litigations, 18 Cardozo J. Conflict Resol. 249 (2016).
Available at: https://larc.cardozo.yu.edu/cjcr/vol18/iss1/12