Pom Wonderful And Consumer Class Actions Under State Law

The newest wave of false advertising consumer class actions asserts that consumer labeling or marketing violates state unfair competition laws by confusing (or potentially confusing) consumers. While brought under state consumer protection laws, many are sparked by some sort of Food and Drug Administration or other agency action, or involve products or labeling regulated by the FDA. The result is a delicate interplay between, on the one hand, what is allowed, what is required and what is prohibited under federal law; and on the other hand, what is required under a given state's consumer protection law. This interplay, however, does not always provide straightforward guidance to manufacturers marketing their wares.