Target, Whole Foods Have Irritated Reactions To ‘Hypoallergenic’ Product Suits

The outcomes of proposed class actions against Target Corporation and Whole Foods Market will provide bright signals as to whether plaintiffs have traction in the courts to bring false-advertising suits against “hypoallergenic” cosmetic marketers. The retailers’ motions to dismiss are pending currently.

Target Corporation and Whole Foods Market, Inc. currently await dismissal rulings in putative class actions challenging “hypoallergenic” claims on private-label offerings sold in their stores, cases that could be pivotal in either drying up this type of litigation or opening the flood gates.

The suits filed against Target and Whole Foods in Minnesota and California’s Northern District, respectively, allege violations of false-advertising, consumer-protection and other laws, arguing that the retailers’ claims are

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