I'll See You in the Agency!

This article briefly explores the underpinnings of the primary jurisdiction doctrine, highlights its use in product cases in 2012 and 2013, and considers the role primary jurisdiction may play in future consumer class action litigation and beyond.

19 minute read April 29, 2013 at 03:16 PM
By
Cary Silverman
I'll See You in the Agency!

A barrage of lawsuits against food and other companies asserting that advertising or labeling of their products is misleading, even as government regulators have not challenged the representations, has led attorneys representing the companies increasingly to raise the “primary jurisdiction” doctrine as a defense.

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