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ARTICLE · 01 JULY 2026

Reasonable Consumer Standard Defeats Omission-Based Mislabeling Claims

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Two 2026 decisions show courts using the “reasonable consumer” standard to dismiss omission-based consumer fraud class actions at the motion to dismiss stage. Manufacturers and brand owners facing similar claims should take note: these decisions confirm that proactive challenges to implausible consumer interpretations can be dispositive before costly discovery begins.

United StatesConsumer Protection
Jay Bhimani
Jay Bhimani
Douglas E. Fleming III
Douglas E. Fleming III
Paul LaFata
Paul LaFata

Key Takeaways

The “reasonable consumer” standard continues to do meaningful work at the motion to dismiss stage. Two recent decisions involving food products and packaging labels signal courts’ willingness to arm the reasonable consumer with common sense when evaluating omission-based consumer fraud claims.

Plaintiffs in consumer class actions frequently attempt to hold manufacturers liable not merely for what their labels say, but for what they do not say. However, two 2026 decisions—Felsenthal v. Medela LLC, 2026 WL 879337 (N.D. Ill. Mar. 30, 2026) and Testori v. Nestle Health Science, 2026 WL 1282540 (E.D. Cal. May 11, 2026)—support that not every omission can plausibly mislead the “reasonable consumer,” particularly where the alleged deception-by-omission runs contrary to common sense and factual context.

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