In September 2016, the Ninth Circuit Court of Appeals affirmed
a district court’s decision to dismiss a false advertising class-action lawsuit against Fresh, Inc. The complaint
, which was originally filed in March 2013, alleged, among other things, that the net weight listed on the product packaging of Sugar (a lip treatment) is misleading because the screw mechanism used to push lip balm to the top of the “oversized dispenser tube” prevents consumers from accessing 25% of the product. The case was dismissed
because the district court concluded, among other things, that reasonable consumers would not be deceived by the product’s tube design and packaging. (Ebner et al v. Fresh, Inc.
, District Court Case No. 13-cv-477, C. D.CA.; Appellate Court Case No. 13-56644, 9th Cir.)
For more information about slack-filled packaging and TINA.org’s coverage of the issue, click here.