California, like most other states, applies the "reasonable consumer" test to deceptive advertising or labeling claims. California's Attorney General Rob Bonta recently weighed in on a Ninth Circuit appeal involving the application of this test, urging the Court to make dismissal at the pleadings stage much more difficult.
The plaintiffs in Souter v. Edgewell, a putative class action brought in the United States District Court for the Southern District of California, alleged that defendant Edgewell Personal Care labeled its Wet Ones hand wipes in a manner that misled consumers about the wipes' efficacy and safety. The plaintiffs claimed that Wet Ones wipes did not actually "Kill[] 99.99% of Germs" because the active ingredient is not effective against certain germs, viruses, bacteria, and spores, and also claimed the wipes are not hypoallergenic or gentle on the skin. The district court granted the defendant's motion to dismiss with prejudice, finding that the plaintiffs failed to plausibly allege that a reasonable consumer would be misled by the challenged representations. The plaintiffs then appealed.
In an amicus brief filed on January 30, 2023, the State urges the Ninth Circuit to reverse the district court's dismissal of plaintiffs' claims and "reaffirm the principle that factual questions related to false advertising claims generally should not be resolved on the pleadings." Among other things, the State argued that false advertising cases are inherently...
The Ghana Museums and Monuments Board (GMMB) has issued a formal apology to Professor Wazi Apoh, Dean of the School of Arts and Professor of Archaeology at the University of Ghana, following the c...