Sheila Millar Quoted in Packaging Digest Article on Recent Packaging-Related Lawsuits

Keller and Heckman Partner Sheila Millar was quoted in the Packaging Digest article, “Consumers Tell Packagers, ‘See You in Court.’” The article provides several examples of recent packaging-related litigation, and reasons why “we are seeing an uptick in claims and demands targeting a wide variety of products, including packaging,” noted Sheila.

“This seems to be part of a wider litigation trend involving a marked increase in challenges in two areas: privacy and data protection suits, and false advertising claims,” continued Sheila. “False advertising is by far where we see an increase in claims targeting packaging.”

Another active area for packaging-related litigation includes environmental and sustainability claims.

Sheila commented, “Legal challenges target allegedly misleading claims that packaging products — especially plastic packaging — are degradable, compostable, or recyclable, but also target general claims, like sustainable, among others.”

Many lawsuits also focus on the health and safety risks of per- and polyfluoroalkyl substances (PFAS). “In some cases — particularly for packaging or products that contain PFAS or other chemicals, complaints and demands involve ‘false advertising by omission,’” said Sheila. “Such a complaint will include a count detailing an alleged failure to disclose the presence of a potentially hazardous or harmful ingredient, or allege that the presence of a chemical renders other environmental claims false and misleading.”

To read the full article, please click here.