J&J Scores Early In ‘Hypoallergenic’ Case; Plaintiff’s Definition ‘Implausible,’ Court Says

A California federal judge is more receptive to J&J’s interpretation of “hypoallergenic” – as a term denoting reduced allergy risk compared with other products – than plaintiffs’ ingredient-based definition. Her ruling on the firm’s motion to dismiss differs sharply from a decision earlier this month in the same district concerning Whole Foods hypoallergenic claims, only adding to legal uncertainty.