Does Frosted Mini-Wheats cereal improve a child's attentiveness in school? Do fruit Roll-Ups and Fruit by the Foot have to contain real fruit? Would a reasonable consumer expect Cap'n Crunch with Crunchberries cereal to contain real berries? These questions and many similar food labeling issues raised in class actions are increasingly on the desks of federal judges and mediators.

Food labeling cases present myriad different claims and defenses that must be addressed in mediation. While the legal complexity of these cases enhances the risk to both sides, they also tend to make defendants intransigent because they have so many legal traps available to obtain a dismissal. Fortunately, mediation typically occurs after an initial round of legal motions, which may have shrunken the number of open legal issues.

Originally published in the Daily Journal on October 31, 2013.