Tag archives: False advertising

Failure to define “natural” stops pretzel case false advertising claims at the pleading stage

A Northern District Court recently told plaintiff’s counsel that merely alleging that a product contains ingredients that are not “natural”, without supplying any objective definition of natural,  will not allow such claims to move past the pleading stage. On August 12, 2014, Judge Samuel Conti dismissed several false advertising claims filed by plaintiffs Robert Figy … Continue reading

Catalyst damages: Not out of the woods yet

So, you’re a defendant in a class action brought pursuant to California law and you are able to prevail at trial and have been found not liable for false advertising.  Assuming the case was brought under California’s Consumer Legal Remedies Act, which has a fee-shifting provision providing for the payment of fees to successful plaintiffs’ … Continue reading

All natural: FDA silence continues to create problems for false advertising defendants

In recent years, a rash of consumer class actions have been filed alleging false or misleading advertising where a product is marketed as “natural,” “all-natural,” “made from 100% natural ingredients,” or other similar representations when the product allegedly contains some synthetic product or was processed in some way that does not occur in nature.  These … Continue reading