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More Than “Puffery”: Claims Against Canada Goose Survive Motion to Dismiss

By Lawrence Weinstein, Jeffrey Warshafsky & Anisha Shenai-Khatkhate on August 4, 2021
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Judge Victor Marrero of the Southern District of New York recently largely denied a motion to dismiss claims that Canada Goose misled consumers by representing that the fur on Canada Goose jackets is ethically and sustainably sourced. In doing so, the court determined plaintiff’s allegations were “thin,” but viewing the complaint in the light most favorable to plaintiff, found plaintiff had plausibly alleged that a reasonable consumer would be misled. Lee v. Canada Goose US, Inc., No. 20 Civ. 9809 (VM) (S.D.N.Y. June 29, 2021).

In his complaint, plaintiff cited Canada Goose’s representations that the fur was acquired through “ethical, responsible, and sustainable sourcing.” Plaintiff also alleged a tag on the coats referred to Canada Goose’s “Fur Transparency Standard,” and stated that the company purchases fur in accordance with certain third-party standards only from licensed trappers. Plaintiff alleged these representations were misleading, because allegedly inhumane practices like leghold traps and snares are widely used by trappers in the U.S. and Canada.

However, plaintiff did not specifically allege that Canada Goose sources fur from coyotes trapped using these methods. Rather, he alleged that these allegedly inhumane practices were widely used by trappers who abide by standards cited by Canada Goose. While the court found these allegations thin, they were enough to support a reasonable inference that Canada Goose obtained fur from trappers whose methods are inhumane.

But not all of Plaintiff’s claims survived the motion to dismiss. The district court dismissed claims that customers would be misled by Canada Goose’s representations about their (1) compliance with third-party trapping standards and (2) sourcing through licensed trappers. Plaintiff merely alleged that the standards/regulations were themselves inhumane, not that Canada Goose’s statements concerning its compliance were false.  This case represents just one of a recent wave of sustainability-related class action lawsuits. For example, class actions have been filed against:

  • Red Lobster based on representations that its menu items are “Traceable, Sustainable. Responsible” and “SEAFOOD WITH STANDARDS.” Marshall v. Red Lobster Management, Case No. 2:21-cv-04786 (C.D. Cal. filed June 11, 2021).
  • Ducktrap based on representations that its salmon is “sustainably sourced.” Abigail Starr v. Mowi Asa, Case No. 20-cv-00488-LEW (D. Me. Filed December 31, 2020)
  • Allbirds based on representations that its wool is “held to high standards of farming, land management and animal welfare.” Dwyer v. Allbirds, Case No. 7:21-cv-05238 (S.D.N.Y. filed June 13, 2021).
  • Reynolds Consumer Products based on representations that its Hefty Recycling Bags are “recyclable” and “reduce your environmental impact.” Hanscom v. Reynolds Consumer Products, Case 3:21-cv-03434-SK (N.D. Cal. filed May 7, 2021).

We encourage our readers to get in touch to discuss strategies for mitigating risk when drafting sustainability-related advertising claims.

***

Want to talk advertising? We welcome your questions, ideas, and thoughts on our posts. Email or call us at lweinstein@proskauer.com /212-969-3240.

Photo of Jeffrey Warshafsky Jeffrey Warshafsky

Jeff Warshafsky is a partner in the Litigation Department. A versatile commercial litigator and strategic advisor, Jeff specializes in consumer class actions, sports litigation, false advertising, trademark, and other intellectual property disputes.

Jeff defends companies in connection with consumer class actions involving advertising…

Jeff Warshafsky is a partner in the Litigation Department. A versatile commercial litigator and strategic advisor, Jeff specializes in consumer class actions, sports litigation, false advertising, trademark, and other intellectual property disputes.

Jeff defends companies in connection with consumer class actions involving advertising and privacy issues. He has handled dozens of class actions around the country for multinational companies across diverse sectors including consumer product companies, retailers, and sports leagues. Jeff also counsels clients to avoid being targeted in such actions, helps them respond to demand letters from plaintiffs’ counsel, and negotiates resolutions.

Additionally, Jeff represents clients in competitor versus competitor advertising disputes, including in Lanham Act cases and advertising self-regulation disputes before the National Advertising Division and the National Advertising Review Board. He also counsels companies on advertising substantiation issues, with an emphasis on complex scientific testing, such as clinical trials and sensory testing. Jeff regularly advises major sports leagues on complex business disputes.

Jeff maintains a robust pro bono immigration practice, assisting clients with asylum and U-Visa applications and in connection with removal proceedings. In addition to his active practice, Jeff is an editor of and contributor to the Firm’s false advertising blog, Watch This Space: Proskauer on Advertising Law.

Read more about Jeffrey WarshafskyEmail
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  • Posted in:
    Communications, Media & Entertainment
  • Blog:
    Proskauer on Advertising Law
  • Organization:
    Proskauer Rose LLP
  • Article: View Original Source

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