As citizens demand responsibility from the food and beverage industries, class action suits are becoming more prevalent. Customers no longer take being deceived by false labeling or unsafe additives lightly and are prepared to sue.
Let’s look at what class actions are, what preparations are required before filing a case, and the typical stages of starting a lawsuit against a food and beverage corporation.
We’ll also dive into how you can make an informed choice regarding your case with the help of our attorneys at the Class Action Lawyer Coalition.
What Is a Class Action Suit?
A class action suit is a lawsuit filed by one or more people on behalf of a larger group (the “class”). A class action lawsuit is a legal proceeding in which a group of people with a common interest in a particular issue sue another party, usually a corporation.
One or more attorneys typically represent the plaintiffs in a class action suit, and a judge or jury hears the case. Class action lawsuits are often filed over defective products, unfair business practices, discrimination, and other wrongdoings that affect the said “class.”
In short, instead of people filing cases individually, the class can do so together – one lawsuit for everyone.
Benefits of Filing a Class Action Lawsuit
A class action lawsuit has the primary advantage of allowing several persons with comparable issues to join together and present their case as one. This is advantageous because it enables each participant to obtain damages for their claim without the need for separate litigation.
Furthermore, because the expenses of litigation can be shared among the class members, it may be more cost-effective for people to join a class action lawsuit than to seek legal action on their own.
Also, by bringing together many people with similar claims against a single defendant, a class action lawsuit can result in more significant financial compensation than if each individual were to pursue their claim separately.
Class Action Suits Against Food and Beverage Companies
In a food and beverage class action lawsuit, the plaintiffs (the people filing the lawsuit) allege that the defendants (the companies being sued) have engaged in some wrongdoing related to food or beverages that the plaintiffs consumed.
This could include anything from false advertising to selling contaminated products.
If you have been harmed by a food or beverage product, you may be able to join an existing class action lawsuit or start your own. To do so, you will need to find a lawyer willing to take on your case, and of course, a group of people with the same complaints as yours.
How Do You File a Food and Beverage Class Action Suit?
Once you have found an attorney, you must gather evidence to support your claim. This evidence includes medical records, receipts, and witness accounts.
After gathering your evidence, you’ll need to file a complaint with the court. The complaint will outline your claims against the defendant and request that the court allows the case to proceed as a class action.
If the court approves your request, the case will then proceed to discovery.
During discovery, both sides will exchange information and documents related to the case. The case will proceed to trial after the discovery phase, where the jury will decide whether or not the defendant is liable for damages.
Who Can File a Class Action Lawsuit Against Food/Drink Companies?
The Fairness in Class Action Litigation Act of 2017 limits who can file a class action lawsuit against food and beverage companies.
This law requires the plaintiffs to have suffered an injury from eating or drinking the product in question. This means that someone who merely bought the product cannot bring a class action lawsuit even if they were dissatisfied with it.
The plaintiffs must also be able to show that their injuries were caused by the food or beverage product and not by some other factor.
Additionally, the law states that a class action lawsuit must be led by a plaintiff who has already suffered an injury and is willing to represent others affected.
Finally, there are certain types of food- or beverage-related injuries that are excluded from being able to file a class action lawsuit, such as claims involving consumer fraud or antitrust violations.
Requirements for Filing
To start a class action lawsuit for a food or beverage product, the following requirements must be met.
- There must be a minimum of 20 affected individuals.
- The affected individuals must have suffered similar injuries due to consuming the same food or beverage product.
- There must be evidence that the food or beverage product in question is defective or dangerous.
- The affected individuals must be able to show that they have suffered damages as a result of consuming the defective or dangerous food or beverage.
- A court must certify the case as a class action suit before any damages can be collected.
Let the Class Action Lawyer Coalition Help You
Are you considering filing a class action lawsuit against a food or beverage company? Reach out to the Class Action Lawyer Coalition now to build a strong foundation for your case. Here’s how attorneys from our firm can help with your case.
Investigating the Facts
Our lawyers will look into the facts of your case to see if there is enough evidence to sustain a claim. Interviewing witnesses, analyzing documents, and completing research are part of the process – and we’re up for it!
Identifying Potential Plaintiffs
To file a class action lawsuit, you must first identify people similarly damaged by the defendant’s activities. Our attorneys can help you identify possible claimants by reaching out to their networks and performing outreach.
Drafting the Complaint
The complaint is an official document that initiates a class action lawsuit.
It must explain the particular allegations against the defendant and assert that the defendant’s acts caused the plaintiff(s) injury. Our attorneys will create this document and ensure that it complies with all applicable laws.
Negotiating With the Defendants
Once the lawsuit has been filed, our lawyers will negotiate with the defendants on behalf of the plaintiffs. This may involve settlement talks or motion practice before trial.
Working with qualified lawyers for class action will ensure that your case is appropriately investigated and managed. We’ll go to all extents possible to give you the best chance of success and allow you to receive any compensation owed to you.
We offer a free consultation, call us now for an appointment!