If a company makes false claims about its products on the front of its packages, can it successfully defend itself by pointing to the small print on the back label? The 9th Circuit said no back in 2008, in a decision that essentially held consumers can’t reasonably be expected to scrutinize back labels to be sure that sellers aren’t lying to them on the front of the package. Then last year, the court seemed to narrow its longstanding precedent, ruling that back-label small print can, in fact, shield defendants in some false advertising cases. But in a decision this week in a dispute over Huggies “plant-based” baby wipes, the 9th Circuit clarified that last year’s exception was not meant to swallow 2008’s rule. Alison Frankel explains.
Check out other recent pieces from our columnists: Alison Frankel and Jenna Greene
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