Partner Geoff Gannaway for the ABA Litigation News

Knowledge of Falsity Does Not Prevent Standing to Enjoin Advertising

  • February 7, 2018

Circuit court resolves split among district courts in consumer protection cases.

Knowledge of False Label Does Not Flush Standing for Injunction

A previously deceived consumer has Article III standing to seek an injunction against future false advertising, according to the U.S. Court of Appeals for the Ninth Circuit, resolving a split among district courts applying consumer protection laws. Although the plaintiff believed that the wipes the defendant had marketed as “flushable” were not actually suitable for disposal down a toilet, the court of appeals held that the plaintiff nevertheless had standing to seek an injunction.

Excerpted from the ABA Litigation News. To read the full article, click here

Geoff A. Gannaway is a contributing editor for Litigation News.