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ARTICLE · 08 JULY 2025

Testing The Limits: D.C. Court Of Appeals Clarifies Tester Standing In CPPA Cases

Wilson Elser Moskowitz Edelman & Dicker LLP
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In Nides v. DVC Industries, the D.C. Court of Appeals addressed an increasingly important issue under the District's Consumer Protection Procedures Act (CPPA)...

United StatesLitigation, Mediation & Arbitration
Daniel Coffman
Daniel Coffman
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In Nides v. DVC Industries, the D.C. Court of Appeals addressed an increasingly important issue under the District's Consumer Protection Procedures Act (CPPA) – the scope and limits of tester standing. The court held that the CPPA's tester standing provision requires a plaintiff to allege an intent to test or evaluate a product – not simply purchase it.

Background: A Salty Dispute
James Nides filed suit against DVC Industries, doing business as The Spice Lab, claiming the company falsely advertised its "Pink Himalayan Salt" as being "hand-mined" from "deep inside the pristine Himalayan Mountains." According to Nides, the salt was actually sourced from Khewra, Pakistan – hundreds of miles from the Himalayan range.

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