Share on LinkedInShare on LinkedIn

ARTICLE · 08 MARCH 2022

Is There Any Chance That "Free Range" Is Puffery?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Contributor
Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

Founded more than 40 years ago as a boutique law firm servicing the entertainment and arts...

View firm profile
Explore more from Frankfurt Kurnit Klein & Selz PC

Pete and Gerry's Organics markets its Nellie's brand of eggs as "free range." At least according to the allegations in the false advertising lawsuit against the company...

United StatesMedia, Telecoms, IT, Entertainment

Pete and Gerry's Organics markets its Nellie's brand of eggs as "free range." At least according to the allegations in the false advertising lawsuit against the company, Nellie's hens are actually crammed into overcrowded sheds and have little or no access to outdoor space. Nellie's moved to dismiss, arguing that the claim is either not misleading or is non-actionable puffery. Does Nellie's have any hope of getting out of this case early -- or are the company's arguments simply not what they're cracked up to be?

Under New York law, in order to state a claim for false advertising, the plaintiff must sufficiently allege that the advertiser engaged in consumer-oriented conduct, that is materially misleading, and that caused injury to the plaintiff. In order for an advertising claim to be misleading, it must be "likely to mislead a reasonable consumer acting reasonably under the circumstances." This means that a "significant portion of the general consuming public or

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

See more popular content from