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ARTICLE · 04 APRIL 2024

Stanley 'Heavy Metals' Class Action: When Silence Is Not So Golden

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Failure to disclose heavy metal content has become a familiar theme in false advertising class actions. In recent years, the food and beverage industry has faced an onslaught of lawsuits...

United StatesLitigation, Mediation & Arbitration

Failure to disclose heavy metal content has become a familiar theme in false advertising class actions. In recent years, the food and beverage industry has faced an onslaught of lawsuits alleging that packaging and advertising has mislead consumers by virtue of not disclosing the inclusion of various heavy metals.

A class action complaint against Pacific Market International ("PMI") signals that the trend of metals-disclosure false advertising actions could be leaching into other industries. Unlike foods and beverages, whose metals content is sure to be ingested or at least touched by humans, the purported lead content in Stanley tumblers is said to lay beneath an enclosed seal at the base of each container.

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