As indicated in the charts below, complaints concerning food, cosmetics, and dietary supplements continue to dominate civil class action complaint filings, accounting for over two-thirds of the total complaint volume.1 Other industry segments that have traditionally been targeted by class action firms– including retail and weight loss – have decreased in prominence.

With regard to the types of legal theories asserted, the first quarter continues to see a large number of ases in which the primary theory is the alleged deception of a performance claim, or the alleged nability of a defendant to substantiate a performance claim. “Natural” claims appear to be reducing n prominence, whereas claims relating to weights and measures (e.g., misrepresenting the quantity of roduct in a container) account for an increasingly significant percentage of litigation.

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