|
Bounthon, et al. v. The Procter & Gamble Co.
(9th Circuit)
Underscoring the Importance of Strict Pleading Standards for Consumer Class Actions
On March 23, 2026, the NAM filed an amicus brief in the 9th Circuit arguing that courts should enforce strict pleadings standards regarding the types of allegations needed to bring a viable false advertising case. Bounthon, et al. v. Procter & Gamble, Co. is a consumer class action involving allegations that the “100% Pure Cotton” statements on the packaging of Procter & Gamble's feminine hygiene products are false due to the claimed presence of certain “contaminants” in the product. The plaintiffs do not claim that the “contaminants” are harmful, nor do they offer any information suggesting the contaminants impurify the products in any way. Our amicus brief argues that plaintiffs must support their allegations with some degree of specificity in order to state a claim for deceptive advertising. If courts permit baseless, generalized statements about products and their packaging to serve as the basis of a lawsuit, manufacturers will be saddled with an endless stream of false advertising litigation. This is especially harmful in the class action context, where companies face immense pressure to settle even meritless claims.
Related Documents: NAM brief (March 23, 2026)
|