Ambiguous Front Label Does Not Prove Fatal: Looking To The Back, 9th Circuit Cuts Front Label Some Slack

Key Takeaway:

The Ninth Circuit Court of Appeals held in two companion cases that courts properly can consider the wording on the back labels of products to clarify any ambiguous claims on the front labels.

On June 9, 2023, the Ninth Circuit Court of Appeals affirmed the dismissal of California consumer protection claims against The Proctor & Gamble Company (P&G) in McGinity v. Procter & Gamble Co., App. No 22-15080 (9th Cir. June 9, 2023). The plaintiff alleged that the labels on P&G's "Nature Fusion" shampoos and conditioners were misleading because the products are purportedly "substantially unnatural."

The Court held that the front labels were ambiguous because the words "Nature Fusion" and the image of an avocado on a leaf on the front labels "could mean any number of things," including that the products were made with a mixture of natural and synthetic ingredients or that the products were made with a mixture of different natural ingredients. Consequently,