The Watkins Firm provides class action defense for California organic mislabeling cases and associated disputes. Federal laws and California state laws appear to be quite specific when it comes to the definition of “organic.” However, there are many steps required for growers and producers of agricultural, meat and dairy products to qualify for an organic labeling. Generally speaking, the California statute states: “The term “organic” means the food was produced using sustainable practices and without synthetic fertilizers, sewage sludge, irradiation, or genetic engineering.”
Important Takeaways about What to Look For in a Class Action Defense for California Organic Mislabeling Cases
- Look for an extensive track record of proven success when you are selecting a California or San Diego class action defense for California organic mislabeling cases.
- Your class action defense attorney(s) are your primary line of defense in high stakes matters involving your company. Class action litigation is a complex area of law requiring extensive experience.
- Your class action defense lawyer(s) must not only possess extensive trial skills and subject matter expertise for the type of claim(s) you are facing, but strategic defenses to help prevent the certification of the class while reducing or mitigating potential damages.
A recent ruling by the California Supreme Court has made it easier for consumers to file a lawsuit or participate in a class action when they believe a food or product is falsely labeled as organic. The class action defense strategies of the Watkins Firm in organic mislabeling cases are founded in sound legal “ground” based upon thorough documentation and in some cases testing of products and processes. We document our client’s actions, every step in the production process and all of the external additives or natural and legal ingredients used during the production of their food or product.
An Extensive Track Record of Success in California and San Diego Class Action Defense – Organic Labeling
Look for an extensive track record of proven success when you are selecting a California or San Diego class action defense for California organic mislabeling cases. Why do you need an experienced and proven litigation team for class action defense for California organic mislabeling cases? There may be questions or issues with a producer’s new or amended organic registration process. Each person in California who is involved in organic product handling or production must register with the State of California Organic Program.
If the expected sales of your organic product exceed $5,000 organic “certification” is required. Class action defense for organic mislabeling cases can protect the life of our client’s company and the individual’s ability to earn a living. We aggressively work to prevent the certification of a class. Our experienced class action defense attorneys contrast the actual positions of representative cases to demonstrate the differing use of organic products, as well as the financial liabilities associated with each proposed class member.
Pro-Tip: “There are all kinds of rules and regulations on what they can’t do and what we can’t do in defending it and how we approach that. And every case is different and every settlement and every resolution is different. It’s a different kind of beast. The Judge gets involved. All the attorneys get involved. You have to make sure you’re fair to the people that are part of the class. So it’s very complicated and how you handle it in the beginning and throughout the case is important. You can’t just hire a lawyer to go out there and be really aggressive and expect a great result. All you’re going to end up with is a higher bill and higher risk, and nobody being scared away.
I think that failure to act immediately is the biggest risk. You get a claim, you get a letter, you get a notice and you don’t take action right away. That’s your opportunity to cure, fix and get out of the way of any class action case. The lawyers who are hoping to sue you don’t make any money if you act quickly, but if you delay and push back or ignore them, then they gain bigger rights and more motivation.
PAGA actions are class actions. We do class action defense in many areas, employer defense and PAGA actions, false advertising and unfair competition defense, even organic labeling and Made in the USA types of class actions. What are the best defensive strategies for your unique situation? That’s where the unique skills of the Watkins Firm really come to the fore.
Everybody knows about class certification. You can’t have a class unless you have like people in a like situation that have suffered the same harm. And a lot of times plaintiff lawyers will try to group everyone together in hopes of getting the judge to certify a class, so that it’s assumed that everyone has suffered the same harm. Customers have different experiences. And most employers don’t treat each employee the same. I mean, they’re all individually hired and contracted for. And sometimes the problems that are being alleged are not universal. So we want to fight that right away. And we also want to do our discovery and find out if everybody in the process wants to really join this class.
If the class action defense attorneys don’t have success preventing the class certification, you’re into the meat of trial and defense clients are facing some sort of serious liability. That’s when we have to come up with strategies for settlement and mediation, and which mediators are knowledgeable in the community, in this kind of law, those who have a pulse understanding what is and is not reasonable when it comes to resolution options. Of course the plaintiff’s lawyers are going to want as much as possible, but what’s fair? What’s reasonable? What can our clients can afford, and what kind of curing measures we can put forward? And knowing that the actual judges that we have, and how they’ve ruled in the past all to advise our clients on what’s the best way through or out of this. And that’s the worst case scenario. When we’re sitting there talking about giving away our clients’ money, for honest mistakes, that can be punitive in nature. That’s the hardest. And that’s the worst case scenario. And we try our hardest not to get to that point.
The best case scenario is the client gets that notice, that little letter in the mail, contacts us, we check everything out. And if there’s anything wrong, we cure it. We fix it. And before the plaintiffs can even file an action, let alone get a class organized. Every possible issue they’ve complained about has been fixed, cured and remedied. So the motivation is denied. From the plaintiff’s counsel perspective, the big payoff is gone. And once that plaintiff’s lawyer knows that they’re not going to make a lot of money on it, the risks to our clients are substantially diminished, if not alleviated altogether.” – Dan Watkins, Founding Partner
If you are facing allegations and need class action defense for California organic mislabeling cases we invite you to review our podcast Episode 18 – Private Attorneys General Act and Class Action Defense, as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
Meet Daniel Watkins:
Daniel W. Watkins is a true people person who sincerely listens. He cares deeply about what others are going through. Dan enjoys digging into the facts and finding creative solutions to problems. He contributes his insights candidly and constructively.
Dan’s interest in people make him deeply invested in every relationship and his exuberant personality makes him a true litigator. Dan fights for his clients with a fierce and calculated commitment.
Dan has practiced in the areas of business, medical practices and healthcare business, high tech/science, real estate and employment defense law since 1987. He is a trusted litigation strategist and true trial attorney with over 50 jury and bench trials to his credit. Dan has successfully represented both large companies and individuals and achieved substantial victories in well-publicized trials throughout California and the U.S.
He is experienced in business and corporate formation and administration, as well as all forms of alternative dispute resolution, including binding arbitration and mediation.
THE ROAD TO BECOMING A BUSINESS LAWYER AND LITIGATOR
Dan has almost 40 years of experience working with, for and against some of the largest insurance companies in the country. He has successfully tried and litigated cases in the areas of Healthcare Compliance, Commercial Litigation, Unfair Business Practices, Fraud, Breach of Contract, Battery, Premises Liability, Product Defect, Medical Malpractice, Discrimination, Sexual Harassment, Construction Defect, as well as Unfair Competition, Defamation, and Trade Secrets.
In December 2003, Dan commenced litigation against Health South Surgery Centers-West, Inc and its’ subsidiaries, exposing the company’s extensive mismanagement and misconduct of its’ surgery centers. Dan has also been asked by some of California’s largest municipalities and corporations to conduct legally required investigations into matters involving alleged employment discrimination and harassment.
