Home -> Law Blog Directory -> Personal Injury Law Blogs -> Food Liability Law Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Personal Injury Law
: Food Liability Law BlogPreserving the Brand and Avoiding Media Backlash During a Crisis
By Kenneth Odza
I'll be moderating and speaking on a panel at the upcoming ACI's Advanced Summit on Food Safety Regulatory Compliance in Chicago, June 28-29. Scott Rickman from Del Monte, public relations professionals and I will be presenting on "Effectively Responding to Negative Media Coverage: How to Avoid the Backlash" (If you plan to attend, register soon and contact me for a conference discount).
In my practice, I abide by two principles when involved with a case that has potential for negative media coverage:
1. Preservation of the Brand May Trump the Litigation: Even the most serious food-borne illness or consumer fraud claims may not be as significant as preservation of the client's brand. And what may seem like a smart litigation strategy may not be in the best interest of the brand.
For example, ownership of a crisis may be the best way out for a company faced with a widespread food-borne illness outbreak. The 2008 Maple Leaf foods outbreak is a prime example. Maple Leaf foods is one of the largest food companies in Canada and was faced with a deadly nationwide listeria outbreak linked to deli meat processed at one of its plants. Its CEO, Michael McCain, famously took immediate ownership of the crisis, which lead to restoration of both the brand's name and its stock value. Mr. McCain was quoted post mortem as saying:
'Going through the crisis there are two advisors I've paid no attention to. The first are the lawyers, and the second are the accountants . . . . It's not about money or legal liability, this is about being accountable for providing consumers with safe food.'
In other cases, a strategy that "sacrifices" a single product line or a single restaurant for the good of the chain or other product lines may be the right strategy.
Though right for the client, either strategy might be uncomfortable for the litigation team as it constitutes something close to an admission of liability. As one communications expert has said:
'[L]awyers need to understand that legal liability isn't the only factor to consider in a crisis. But that's not an easy pill for many lawyers to swallow. They believe future litigation is prejudiced if a CEO makes an apology . . . .'
Which leads me to my second principle:
2. Call the Communications/Public Relations Experts: Lawyers are multi-talented. However, lawyers are not experts in public relations. As illustrated above, the right strategy for a branded food business may prioritize a public relations strategy. The only way to formulate the best strategy for the client is to involve and listen to the entire crisis response team, including the communications/public relations experts.
Full post as published by Food Liability Law Blog on April 26, 2010 (boomark / email).
La Nuestra Brand Mamey Ice Cream Recalled due to Risk of Salmonella Typhi
La Nuestra Brand Mamey Ice Cream Recalled due to Risk of Salmonella Typhi
Lian How Brand Spices
Recalled for Salmonella Contamination
Caraco Brand 0.25 mg Digoxin Tablets Recalled
due to Size Variability
Wal-Mart Bakery Brand Peanut Butter Cookies
Recalled for Possible Salmonella
Marketing Spam
Member Source Media pays $200,000 civil penalty for deceptive online advertising.
Nielsen Media Challenged
TV ratings company to pay undisclosed settlement in antitrust lawsuit.

Five Ways To Handle “Brand Identity Crisis”
Fearing Political Backlash, Cal. Judges Decide to Go Public
Chapter II of the Liu Nomination: The Backlash to the Backlash
Fearing Political Backlash, Judges Speak







