STORY FROM: Benzene & Emerging Toxic Torts Litigation
J&J Defendants Seek Summary Judgment on Misleading Advertising Claims Relating to Baby Products
February 5, 2020
SAN FRANCISCO –– Johnson & Johnson defendants have challenged a lawsuit alleging that their Baby products were misleading labeled as hypoallergenic, maintaining that the plaintiffs’ interpretation of the term is implausible and “precludes any triable issues on their claims.”
In the Jan. 31 motion filed in the U.S. District Court for the Northern District of California, the defendants maintained that advertising is only actionable as false and misleading if a reasonable consumer is likely to be deceived.
“…[N]o rational jury could find for Plaintiffs on their claims,” the motion said.
Plaintiffs Austin Rugg and Jennifer Fish filed the underlying lawsuit, ...