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ARTICLE · 24 NOVEMBER 2023

Just How Reasonable Must A Reasonable Consumer Be?

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

Frankfurt Kurnit Klein & Selz PC

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A recent decision from the Southern District of New York on a defendant's motion to dismiss provides a bird's eye view of at least one court's judgment of what a reasonable consumer...

United StatesMedia, Telecoms, IT, Entertainment

A recent decision from the Southern District of New York on a defendant's motion to dismiss provides a bird's eye view of at least one court's judgment of what a reasonable consumer could reasonably take away from a variety of on-pack claims for an OTC product.

This putative class action involves adhesive lidocaine pain relief patches sold under Stop & Shop Supermarket's private label brand, CareOne. The front label of the product states that it is a "Maximum Strength Lidocaine Pain Relief Patch," describes the product as "4% Lidocaine/Topical Anesthetic," and states that it "Desensitizes Aggravated Nerves" and provides "Up to 8 Hours" of "Numbing Relief." Plaintiff alleged that the label is misleading in a number of ways.

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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.

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