FTC Action Against 'All Natural' Claims Likely To 'Embolden' Plaintiffs
This article was originally published in The Rose Sheet
Attorneys agree that FTC's announced settlements with personal-care companies for misleading "all-natural" claims likely will not be helpful to class-action defendants making primary-jurisdiction arguments and could actually spur more litigation, similar to trends following FDA warning letters.
You may also be interested in...
Class action complaints alleging misleading "natural" claims for food products have been stayed pending completion of FDA's look at whether it should formally define the term for use in food, but there is no parallel FDA consideration of how the term is used for oral care products and topicals.
The Federal Trade Commission announces unanimous approval of final consent orders requiring four personal-care companies to make only properly substantiated “all-natural” and “100% natural” product claims from this point forward. In response to a submitted comment, FTC offers perspective on plain “natural” claims based on its understanding of how consumers interpret the term.
Honest says its shift to organic products is more about opportunity than avoiding “natural” claims, but the term is better defined and more actively regulated, which tends to insulate brands against the types of false-advertising lawsuits that have inundated natural product marketers.