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ARTICLE · 28 JULY 2023

Weekly Notable Ruling Roundup (July 26, 2023)

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.

United StatesLitigation, Mediation & Arbitration

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.

Sean McGinity v. The Procter & Gamble Company, No. 22-15080 (9th Cir. – June 9, 2023): The United States Court of Appeals for the Ninth Circuit affirmed the district court's dismissal of a putative class action alleging the statement "Nature Fusion" on defendant's packaging of its shampoo mislead consumers into believing that the products are natural, when in fact, they contain non-natural and synthetic ingredients. The court held that plaintiff's claim failed, reasoning that the statement "Nature Fusion" is not misleading but rather is ambiguous, and that a reasonable consumer would expect that the ingredient list will contain more detailed information about the product that would confirm representations made on the packaging. Plaintiff is represented by Reese LLP. Opinion linked here.

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