Too Small A Company To Interest US Plaintiffs’ Class Action Bar? Think Again, Attorney Says
Locke Lord, LLP senior counsel Sharon Blinkoff shares perspective from her experience defending smaller cosmetics companies against US class action plaintiff demands and litigation.
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Plaintiffs take aim at Pfizer and GlaxoSmithKline in California federal court for “natural” ChapStick claims, while Sanofi US is defending the naturalness of Selsun Blue Naturals Antidandruff Shampoo in New York’s Eastern District.
Proposed class action plaintiffs against L’Oreal USA, Johnson & Johnson Consumer and E.l.f. Cosmetics allege that “oil-free” claims are false and misleading when applied to products containing dimethicone, tocopheryl acetate, jojoba esters and/or other members of chemical functional groups constituting oil.
Companies should seek legal counsel when making “Made in the USA” claims, particularly if the Federal Trade Commission’s proposed rule on the subject is adopted as drafted. Published in July, the proposed rule would enable the FTC to obtain civil penalties from violating firms “more quickly and easily," attorneys say.