Ninth Circuit divided panel revives krab mix false advertising class action
By EsqSocial Corporation 25/03/21
Takeaway: Context matters in false advertising class actions. Factors such as how an allegedly false representation is displayed, where it is displayed, and what else is disclosed on the label or advertisement all can impact the plausibility of the false advertising claim. Given the context-specific question of deception, it can be difficult to draw the line between a plausible misrepresentation of fact, on the one hand, and an implausible theory of deception, on the other....
By: Kilpatrick Townsend & Stockton LLP