‘Hypoallergenic’ Class Actions Bubbling Up: The New ‘Natural’ Scourge?

There are similarities between trending “hypoallergenic” class actions and “natural” litigation that for years has been the bane of many leading brands and a cash cow for plaintiffs.

Numerous “natural” class-action settlements in recent years have shown that regulatory voids enable plaintiffs to sue brands successfully for ill-defined product claims on the basis of unmet expectations, however fanciful or idiosyncratic those expectations may seem to defendants.

Such litigation often hinges on a “reasonable consumer” test to gauge a marketing claim’s capacity for deception, a calculus that...

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