Partner Tyler A. Young and associate Emily Bodtke Zambrana, Faegre Drinker associate (Photo: Courtesy Photo)Courts are growing increasingly skeptical of class actions challenging the labeling and advertising of food, beverage, and other consumer products. In the past few years, numerous courts have dismissed complaints because a reasonable consumer would not interpret the challenged statement in the way the plaintiff alleges. In an attempt to survive this more robust reasonable-consumer standard, many plaintiffs’ lawyers have begun including consumer survey allegations in their complaints. The legal significance of these allegations—which are often barebones—is a developing question of law with significant implications for practitioners.
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May 01, 2020 at 12:30AM
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Consumer Surveys at the Complaint Stage: The Latest Tactic in Consumer Class Actions | The Recorder - Law.com
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