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False Advertising

News

Firm Secures Dismissal of Putative Consumer False Advertising Class Action in SDNY

September 16, 2020

On Monday, September 14, Patterson Belknap secured a victory for our client, a personal care products company, in a proposed class action lawsuit related to the advertising of hair care products. The plaintiff alleged that the name and labeling of one of our client’s line of products misled consumers into believing the products contained keratin, a protein present in human hair, skin, and nails. The U.S. District Court for the Southern District of New York granted our client’s motion to dismiss in full, noting that other aspects of the products’ packaging, including the “vegan” labeling statement and the absence of keratin from the ingredient list, made it unreasonable for consumers to infer that keratin was promised as an ingredient in the products. As the court explained, “a simple reading of the label would have resolved the issues [plaintiff] raises.”

To read the decision, click here

To read press on the case, click here.