Dale Giali, Mayer Brown: False advertising
Dale Giali, partner, Mayer Brown: I am struck by how the consumer class action bar is channeling ghosts from past, present and future, which means we are seeing -- and expect next year -- a barrage of claims of purported false advertising challenging ingredient naming, ingredient attributes, potential functions of ingredients, featuring some but not all ingredients, featuring super ingredients, better-for-you product positioning, no artificial statements, sugar statements, sustainability statements, humane treatment statements, flavor labeling, labeling images, packaging size in relation to product amount, fill level, fill count, certifications, 100%, pure, trace amounts of something labeled as not present, and that favorite from holidays past – every variant of the word 'natural.' I say bah humbug to the plaintiffs’ bar.
