One of the worst-kept secrets among the plaintiffs' bar is
that claims like “pure” and “natural” on
consumer-product labels can lead to class-action claims. Two recent
court decisions denying motions to dismiss underscore the continued
risk.
In Winans v. Ornua Foods North America Inc., the
Eastern District of New York partially denied the defendant's
motion to dismiss claims that butter products were misbranded as
“pure Irish butter” despite allegedly containing
artificial “forever chemicals” known as PFAS. The court
held that the plaintiff plausibly alleged that “forever
chemicals” in the products' packaging could have
migrated into the butter. The court also held that it was plausible
for a reasonable consumer to believe the word “pure” in
“pure Irish butter” indicates the absence of
contaminants in the butter. Accordingly, the court allowed the
claims to proceed, except for the public injunction
claim.
