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.

Gavel on chess board with figures. Law chess concept, 3D rendering

Conflicting court decisions in the same California federal district on the plausibility of plaintiffs’ “hypoallergenic” definition extend mixed signals to personal-care marketers that may be vulnerable to similar litigation.

Burbank, Calif

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