Ninth Circuit: Knowledge of Facts, No Intention of Future Purchase No Bar to False Labeling Injunctive Relief

Ninth Circuit:  Knowledge of Facts, No Intention of Future Purchase No Bar to False Labeling Injunctive Relief

The U.S. Court of Appeals for the Ninth Circuit has held that "a previously deceived consumer may have standing to seek an injunction against false advertising or labeling, even though the consumer now knows or suspects that the advertising was false at the time of the original purchase."  Ruling in a case involving Kimberly-Clark Corp. "flushable wipes,"  the appeals court concluded that even though the plaintiff knew that Kimberly-Clark's "flushable wipes" were not suitable for disposal in a toilet, and even though the plaintiff had not intention of purchasing the product in the future, he nonetheless "face[d] a threat of imminent harm by not being able to rely on Kimberly-Clark's labels in the future." [10/31/17]

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