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ARTICLE · 25 APRIL 2022

When Do Sheep "Live The Good Life"?

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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In a recent lawsuit against shoe company Allbirds, a consumer challenged the manner in which Allbirds promotes the environmental benefits of its products.

United StatesMedia, Telecoms, IT, Entertainment

In a recent lawsuit against shoe company Allbirds, a consumer challenged the manner in which Allbirds promotes the environmental benefits of its products.  For example, in its advertising, Allbirds promotes the carbon footprint for its products and touts the fact that the sheep it uses to produce the wool for its shoes "live the good life." 

The consumer sued for false advertising and other claims under New York law.  In determining whether advertising is misleading, courts must determine whether the advertising is "likely to mislead a reasonable consumer acting reasonably in the circumstances."  It's not enough that a few consumers might conceivably be misled.  Rather, in order to state a claim, the plaintiff must plausibly allege that "a significant portion of the general consuming public or of targeted consumers, acting reasonably in the circumstances, could be misled."  

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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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