On Saturday, March 7, 2015, at 10:30 a.m., a panel of Greenberg Traurig attorneys, moderated by Denver Shareholder Justin Prochnow, will present on the topic “Labeling Litigation: Strategies for
Continue Reading Greenberg Traurig to Present at Natural Products Expo West
Court Rejects Preemption and Primary Jurisdiction Arguments in “All Natural” Case
In our February 12, 2014 post, entitled “Consumer Class Actions Trending From Attacking ‘All Natural’ to ‘Raw,’” we addressed whether claims challenging consumer product advertising as “all natural” were preempted
Continue Reading Court Rejects Preemption and Primary Jurisdiction Arguments in “All Natural” Case
Is ‘Unscented’ the New ‘All Natural’?
Consumer products companies selling personal care products have started receiving demand letters and class action complaints alleging false advertising because of the use of the term “unscented.” Is this the next class action wave to hit the consumer products industry?
Many personal care products, such as soaps, creams and deodorants, are labeled as “unscented” because the product has no discernible smell. In the cosmetics industry, the term “unscented” often means that the product contains masking agents (including some fragrances) that cover unpleasant odors from the ingredients, thus making the product neutral or unscented.
But like the term “all natural,” “unscented” has no official definition. And this is where the problem arises.
Continue Reading Is ‘Unscented’ the New ‘All Natural’?
National Survey Identifies Top Consumer Questions on GMOs
We frequently address issues relating to litigation over products advertised as “all natural” or containing genetically modified organisms, or GMOs. As interest in GMOs has grown (along with related litigation), an initiative known as GMO Answers has published new survey results identifying consumers’ top 10 questions about GMOs. GMO Answers is funded by the members of The Council for Biotechnology Information, which includes several major consumer products companies.
A global market research company conducted a random, national telephone survey of over 1,000 Americans, in which those surveyed were given a list of 23 questions, then asked: “The following are questions some people have asked about GMOs. Which of the following questions around the use of GMOs would you be most interested in having answered?”
Continue Reading National Survey Identifies Top Consumer Questions on GMOs
Hope for Consumer Products Companies Facing ‘Natural’ Class Actions
Greenberg Traurig Shareholder Ed Chansky highlights a recent decision dismissing consumer fraud claims alleging a personal care product was mislabeled as “all natural.” The key aspects of the decision were:
Continue Reading Hope for Consumer Products Companies Facing ‘Natural’ Class Actions
Consumer Class Actions Trending From Attacking ‘All Natural’ to ‘Raw’
Last year saw a trend in consumer class actions attacking advertising for products labeled as “all natural.” The cases produced mixed results, and the extent to which this theory will succeed remains unclear. Some cases settled. See, e.g., Trammell v. Barbara’s Bakery, 12-cv-02664 (N.D. Cal. June 21, 2013). Others were dismissed. See, e.g., Rapcinsky v. Skinny Girl Cocktails LLC, 11-cv-6546 (S.D.N.Y. Jan. 1, 2013). Some were allowed to proceed. As this litigation unfolds, plaintiffs are trying a new, similar theory — that advertising products as “raw” is misleading.
The dismissals in the “all natural” cases often focused on the plaintiffs’ inability to define “all natural.” Without a plausible definition, a plaintiff cannot state a cognizable claim that he or she was deceived by the phrase. See, e.g., Pelayo v. Nestle USA Inc., 13-cv-5213 (C.D. Cal. Oct. 25, 2013). Dismissals based on this issue appeared to have more success where the product at issue contained synthetic or processed ingredients. However, cases involving products containing genetically modified organisms, or “GMOs,” seemed more immune to this theory. See, e.g., Parker v. J.M. Smucker Co., 13-cv-00690 (N.D. Cal. Aug. 23, 2013) (motion to dismiss denied based on the “simple[] argument” that consumers would assume products labeled as “all natural” would not contain bioengineered ingredients).
Continue Reading Consumer Class Actions Trending From Attacking ‘All Natural’ to ‘Raw’