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On October 20, 2026, the NAM filed an amicus brief asking the 9th Circuit to reverse class certification in a false advertising case where the plaintiffs offered no evidence they were actually misled by the challenged ads. In Barton v. Procter & Gamble, plaintiffs sued P&G over statements on the packaging of its feminine hygiene products, claiming they falsely gave the impression the products were 100% lead free. They presented no evidence of the amount of lead allegedly present in the products, or that human exposure to that amount could pose a danger to human health. They claimed only that the packaging statements, which did not mention lead, deceived them and rendered the products valueless. Despite the lack of evidence showing any deception or harm caused by the product or its packaging, the district court certified the class. Our amicus brief asks the 9th Circuit to reverse this order and find that false advertising plaintiffs must provide evidence of a common injury before class certification. Courts should not allow the plaintiffs’ bar to bring protracted and resource-intensive class actions based on generalized and unsupported allegations.