A bread manufacturer promises "natural whole-grain
goodness," but the bread contains some white flour to help it
rise. A cosmetic manufacturer promises "longer-lasting"
nail polish and, while resistant to chipping, the polish
"lasts" no longer than other polishes.
Food and cosmetic marketing and mislabeling class actions have
proliferated recently, even against the backdrop of the savvy
consumer accustomed to sweeping changes in nutrition and the next
age-defying cosmetic breakthrough. No one knows for sure what
"natural whole-grain goodness" means, and ultimately nail
polish will "last" only as long as the nail grows. In all
likelihood, these purchases stem from a myriad of reasons other
than marketing representations, such as individual preferences,
sale prices, brandy loyalty or simply to placate a misbehaved child
in a shopping cart. Presenting a damages model that both integrates
these reliance questions and complies with the U.S. Supreme
Court's ruling in
