22 Nov, 2023 Just How Reasonable Must A Reasonable Consumer Be? By Terri Seligman 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...
10 Aug, 2023 Are "Smokehouse" Almonds Made in a Smokehouse? By Jeff Greenbaum Blue Diamond Growers sells "Smokehouse" almonds. The almonds aren't made in a smokehouse (which involves soaking the almonds in brine,...
01 Apr, 2022 Implied Claims, "Up To" Claims, and How Judges Approach False Advertising Cases By Jeff Greenbaum Rubbermaid makes portable ice coolers, such as its Marine Chest Cooler and its DuraChill Cooler, which the company promotes as being able...
15 Jan, 2022 Can You Advertise Honey as "Pure" if it Contains Chemicals? By Jeff Greenbaum Sioux Honey, a cooperative in Sioux City, Iowa, makes SueBee honey, which is sold in retail stores throughout the United States. The...
11 Nov, 2021 Do Reasonable Consumers Believe That "Golden Butter" Crackers are Made With Butter and Vegetable Oil? By Jeff Greenbaum Pepperidge Farm sells a type of crackers called "Golden Butter" crackers. What does that "golden butter" phrase on the packaging...
19 Oct, 2021 How Do You Evaluate Claims on Packaging? By Jeff Greenbaum GSK Consumer Health Holdings markets a ChapStick lip balm that it calls "2 in 1 lipcare." This claim is a reference to the fact that the...
05 Aug, 2021 Planning to Promote That Your Products Were Made Using Better Farming Practices? By Jeff Greenbaum Champion Petfoods markets its Acana brand of pet food with a variety of statements promoting the better ways that its ingredients are...
03 Aug, 2021 Ninth Circuit Weighs in on the "Reasonable Consumer" By Jeff Greenbaum Trader Joe's sells jars of Manuka Honey, promoting the product on the front of the label as "100% New Zealand Manuka Honey" or "New...
23 Jun, 2021 "All" Doesn't Mean "All," At Least According to New York's Highest Court By Jeff Greenbaum The publisher Matthew Bender & Company sells a legal resource manual called New York Landlord-Tenant Law. The book, which is also called...
10 Jun, 2021 Do Reasonable Consumers Think That Wet Ones Actually Kill "99.99% of Germs"? By Jeff Greenbaum Over the last year, people have used a lot of hand sanitizer. (I know I have.) One of the most popular brands, Wet Ones, sells hand...
13 Apr, 2021 Does "Achieve the Perfect Balance" Refer to the Product or to the Effect on the Consumer? By Jeff Greenbaum Several years ago, a consumer sued Trader Joe's, alleging that the company misled consumers about the health benefits of its "Alkaline...
05 Apr, 2021 Does Advertising a Product as "Wireless" Mean That it Has Wireless Charging? By Jeff Greenbaum When a product is advertised as "wireless," does that mean that the product offers wireless charging as well? This was the issue in a...
17 Sep, 2020 Does "Fights" Mean "Prevents"? By Jeff Greenbaum Colgate-Palmolive markets its Speed Stick and Lady Speed Stick products as an antiperspirant that "fights white marks" and "fights yellow...
22 Jul, 2020 Do Ghirardelli "Classic White Chips" Contain White Chocolate? (Round 2) By Jeff Greenbaum Back in April, I blogged about a lawsuit against Ghirardelli Chocolate Company, which alleged that the company's packaging misled...
11 Jun, 2020 Is it Misleading to Name a Product "Potato Skins Snacks" When the Product Isn't Made From Potato Skins? By Jeff Greenbaum Inventure Foods sells a brand of snack chips called, "TGI Fridays Potato Skins Snacks." According to the plaintiff's allegations in the...
27 Apr, 2020 How Much Honey is in "Honey Bunches of Oats" Cereal? By Jeff Greenbaum The last time I wrote about a "Honey Bunches of Oats" lawsuit, the school year was beginning and a blog post about breakfast cereal...