'One A Day' Will Not Keep Plaintiffs Away

By Robert Guite and Jay Ramsey (September 20, 2018, 2:16 PM EDT) -- In a recent decision, the California Court of Appeal for the Fourth Appellate District reaffirmed and clarified how the "reasonable consumer" standard should be applied at the pleadings stage to mislabeling claims. In simplest terms, if the packaging makes a definitive statement on the front that suggests one thing, but fine print on the back contradicts that statement, the defendant cannot rely on the fine print to escape a mislabeling claim at the pleadings stage....

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