Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
- Alexis Slaten v. Christian Dior, Inc., No. 23-cv-00409-JSC (N.D. Cal. – May 12, 2023): The Northern District of California granted in part and denied in part a motion to dismiss a complaint alleging the defendant misleadingly advertised the sun protection benefits of several of its cosmetic products, specifically that the potential sun protection would last 24 hours without the need to reapply the product. The court found plaintiff adequately alleged that the defendant’s statements on their products were plausibly misleading to reasonable consumers. The court dismissed the plaintiff’s claims based on the products they didn’t purchase. Opinion linked here.
- Jeremy Guzman v. Walmart, Inc., No. 22-cv-03465 (N.D. Ill. – May 15, 2023): The U.S. District Court for the Northern District of Illinois granted a motion to dismiss a complaint alleging the statement “Mayo with Olive Oil” on the defendants reduced-fat mayonnaise misleads consumers as to the amount of olive oil contained in the product. The court held that the defendant’s product labeling would not be deceptive to a reasonable consumer as it states it contains olive oil and doesn’t make any claim as to the amount of olive oil the product contains. The court also noted a pattern of similar cases filed by the plaintiff’s counsel regarding consumer labeling that haven’t survived and directed the plaintiff’s counsel to show cause as to awarding attorneys’ fees in this case. Opinion linked here.