CATrends: Hypoallergenic Marketing Claims
A rash of lawsuits allege companies are misleading consumers.
January 2021: The Court dismissed certain claims, including claims for breach of warranty, but allowed false advertising claims to move forward finding that the complaint “plausibly alleged that a reasonable consumer may be deceived by the statements regarding ‘Natural’ ingredients.”
March 2020: A class-action lawsuit was filed against Simply Nourish Pet Food Company and PETSMART for allegedly falsely marketing Simply Nourish pet foods as natural when, according to plaintiffs, the pet foods contain synthetic ingredients. (Grossman et al v. Simply Nourish Pet Food Company LLC and PETSMART, Inc., Case No. 20-cv-1603, E.D.N.Y.)
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