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Second Circuit – False advertising: In re: Kind LLC “Healthy and All Natural” Litigation
Daily Record Staff//June 17, 2024//
Second Circuit – False advertising: In re: Kind LLC “Healthy and All Natural” Litigation
Daily Record Staff//June 17, 2024//
Listen to this articleUnited States Court of Appeals for the Second Circuit
False advertising
Reasonable consumer’s understanding of terms
In re: Kind LLC “Healthy and All Natural” Litigation
22-2684-cv
Judges Menashi, Lee, and Merriam
Background: The plaintiffs allege that the phrase “All Natural” appearing on Kind’s snack foods is deceptive and misleading. The plaintiffs appealed from the grant of summary judgment dismissing their suit on the basis that the plaintiffs failed to establish how a reasonable consumer would understand the term “all natural.”
Ruling: The Second Circuit affirmed. The court held that by failing to show how a reasonable consumer understood the term, the plaintiffs could not explain how or why they were materially deceived.
Todd S. Garber, of Finkelstein, Blankinship, Frei-Pearson & Garber, for the plaintiffs-appellants; Keri Elizabeth Borders, of King & Spalding, for the defendant-appellee.
Case Digests
- Second Circuit – Interest-on-escrow accounts: Cantero v. Bank of America, N.A.; Hymes v. Bank of America, N.A.
- Fourth Department – Relation back doctrine: Poindexter v. The State of New York
- Fourth Department – Double jeopardy: People v. Royal
- Fourth Department – Real property claims — Summary judgment Penn v. Rochester Rev Holdings, LLC
- Second Circuit – Breach of lease agreement: Delsha 60 Ninth, LLC v. Free People of PA LLC
- Court of Appeals – Zoning: Smith et al. v. Town of Thompson Planning Board, et al.
- Fourth Department – Right to Appeal: People v. Nixon
- Court of Appeals – Vehicle and Traffic Law: Second Child, et al. v. Edge Auto Inc., et al.
- Second Circuit – Fair Labor Standards Act: Provencher, et al. v. Bimbo Food Bakeries Distribution, LLC, et al.
- Fourth Department – Extreme Risk Protection Act: NYS Police v. Galliher
- Fourth Department – Division of Human Rights: NYS Assembly v. NYS Div. of Human Rights, et al.
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