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ARTICLE · 26 FEBRUARY 2020

"Natural" Claims Evaluated Through A Reasonable Consumer's Eyes, Naturally

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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There are no shortage of consumer class action false advertising cases over the use of word "natural." It doesn't matter whether you sell sour cream, ...

United StatesMedia, Telecoms, IT, Entertainment

There are no shortage of consumer class action false advertising cases over the use of word "natural."  It doesn't matter whether you sell sour cream, hand soap, or even dog food -- if you advertise your product as "all natural," "100% natural," or just plain ol' "natural," expect scrutiny.  But don't expect much clarity from the FDA, at least not yet.  The FDA most recently sought public comment on the use of the term "natural" on food labeling back in 2016, but has not issued any formal guidance following that inquiry.

All hope is not lost, however.  While courts have resolved these issues differently based on the individual circumstances involved, the general test for liability, particularly in New York, is whether the use of the word natural, when compared to reality, is "materially misleading to a reasonable consumer."

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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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