Whole Foods ‘Hypoallergenic’ Litigation To Test ‘Sensitizer’ Definition, Consumer Perceptions
This article was originally published in The Rose Sheet
A California federal judge has granted Whole Foods Market, Inc.’s motion to dismiss itself, all but one affiliate, and a number of plaintiff claims in the putative class action, but the core issue of contention – whether Whole Foods-branded “hypoallergenic” offerings are falsely labeled – remains to be litigated.
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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.
Craig Weiss, president of Consumer Product Testing Company, discussed trending cosmetics claims and testing that can be used to support them, as well as “claims that perhaps should not be made,” at ICMAD’s regulatory workshop in May.