Morrison & Foerster LLP - Private Surgeon General, Class Action Defender

Practice/Organization Description

You are no doubt asking yourself (and rightly so) what a private surgeon general class action is. We’ve all heard about surgeon general warnings on tobacco and alcohol products. But now manufacturers and retailers of consumer products have a different surgeon general to worry about. Not the real surgeon general who is appointed by the President, but the droves of private citizens and plaintiffs’ counsel acting like surgeons general who are filing consumer class action complaints seeking to force manufacturers and retailers of food, consumer and household products to post surgeon general-like warnings, change package labels and advertising and refund hundreds of millions of dollars to unharmed and otherwise perfectly happy consumers who purchased healthful and untainted products. These cases are easy to spot because they focus on purportedly dangerous or unhealthy ingredients in products, and, just like the surgeon general, seek warning labels or changes in product labeling and packaging.

Private surgeons general have no doubt been emboldened by the increased reluctance of courts to dismiss these cases at the pleading stage. But there are distinct trends in the defenses available to manufacturers and retailers defending against these suits. That’s where we come in. We will identify and comment on these trends (albeit unabashedly from a defense perspective).


425 Market Street
San Francisco, CA 94105-2482, United States

  • (415) 268-7000
  • (415) 268-7522

Areas of Practice
  • Class Action
  • Environmental Law
  • Health
  • Litigation
  • Products Liability
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • New York
  • Virginia
Other Countries
  • Belgium
  • China
  • Hong Kong
  • Japan
  • United Kingdom
Number of Attorneys

1,000+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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