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US Ninth Circuit Affirms: P&G’s Pantene ‘Nature Fusion’ Claim Passes Reasonable Consumer Test

The Pantene Pro-V front-label claim is ambiguous, not misleading.

 
• By Ryan Nelson and Eileen Francis

The Ninth Circuit agreed with California's Northern District that plaintiff Sean McGinity did not sufficiently show that a reasonable consumer would be misled by the “Nature Fusion” claim on Pantene Pro-V products when taking into account both front and back labels. However, the representation does flirt with “greenwashing,” two of the judges said.

Though the claim “Nature Fusion” on Pantene Pro-V shampoo and conditioner products “resembles” greenwashing, the Ninth Circuit determined on 9 June that it was not deceptive as a matter of law.

Plaintiff Sean McGinity filed the proposed class action against The Procter & Gamble Company in November 2020 in California’s Northern District, contending that the “Nature Fusion” representation misleads consumers into purchasing or paying a premium for Pantene hair-care

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