Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

What’s in a Word? The Legal Battle over “Natural” in False Advertising

By Baldassare Vinti, Jennifer Yang & Evelyn Blanco on June 19, 2024
Email this postTweet this postLike this postShare this post on LinkedIn
Portrait of a beautiful brunette girl who smiles, laughs, brushes her teeth with a red toothbrush on a yellow background. Dentistry. Advertising. Orthodontist. Place for inscription
Diana Polekhina, Unsplash

While class actions centered around “natural” claims remain popular with the plaintiffs’ bar, this past year has seen some growing skepticism from courts towards such lawsuits, particularly where plaintiffs fail to adequately explain what is deceptive about the term.

In January, Judge Kimba M. Wood of the Southern District of New York granted summary judgment to Colgate-Palmolive and its subsidiary Tom’s of Maine in a putative class action challenging the use of the term “natural” on Tom’s toothpaste and deodorant products.  De Lacour v. Colgate-Palmolive Co., No.16-cv-8364 (S.D.N.Y. Jan. 3, 2024).  The Court found that the plaintiff’s evidence was insufficient to demonstrate that a reasonable consumer would understand “natural” to convey that the challenged products do not contain synthetic and/or highly chemically processed ingredients.  The Court dismissed the plaintiff’s surveys as “fatally flawed” because they defined “natural” and “artificial” only in relation to each other (i.e., “natural” as meaning “not artificial”, and “artificial” as meaning “not natural”) and failed to provide respondents with adequate definitions of those otherwise ambiguous terms.  Additionally, when asked what other things the word “natural” communicated, respondents gave responses as varied as “certified organic,” “earthy,” “[n]o animal testing, recyclable,” “[n]o aluminum,” and, “natural.”  Looking at these surveys and other evidence in the record, including the fact that there is no governmental guidance regarding the use of “natural” labeling on personal care products, the Court found that the evidence demonstrated “that there are many interpretations of the word ‘natural,’” and the named plaintiff’s subjective interpretation of the term was insufficient to establish evidence of widespread consumer confusion.

Other cases have followed similar reasoning.  For instance, in McGinity v. Proctor & Gamble, 69 F. 4th 1093 (9th Cir. 2023), consumers sued P&G, alleging that the “Nature Fusion” label on P&G’s Pantene Pro-V hair products misled consumers into believing the items were natural, despite containing synthetic ingredients.  The district court dismissed the complaint, holding that a reasonable consumer would not be deceived by the label.

The Ninth Circuit affirmed the dismissal, emphasizing the ambiguity of the term “Nature Fusion.”  The Court found that this ambiguity was resolved by reading the back label, which clarified that the products contain both natural and synthetic components, rendering the labeling of the product not deceptive as a matter of law.

Given the continued prevalence of lawsuits surrounding “natural” claims, companies should continue to exercise caution in assessing the messages conveyed by such claims in context.  However, if courts continue to recognize the potential ambiguity in “natural” claims, as they have increasingly done over the past year, such claims may finally become a less popular target going forward, given their susceptibility to motions to dismiss and the difficulty of certifying a class.

***

Want to talk advertising? We welcome your questions, ideas, and thoughts on our posts. Email or call us at bvinti@proskauer.com /212-969-3249

Photo of Baldassare Vinti Baldassare Vinti

Baldassare (“Baldo”) Vinti is the head of Proskauer’s Intellectual Property Litigation Group.

Baldo is a first-chair trial lawyer known for navigating complex, bet-the-company intellectual property disputes across industry verticals and next-generation technologies. With over 25 years of experience, Baldo represents leading global companies…

Baldassare (“Baldo”) Vinti is the head of Proskauer’s Intellectual Property Litigation Group.

Baldo is a first-chair trial lawyer known for navigating complex, bet-the-company intellectual property disputes across industry verticals and next-generation technologies. With over 25 years of experience, Baldo represents leading global companies and universities in patent, trade secret, false advertising, consumer class actions and technology-related breach of contract litigation in federal and state courts as well as before the International Trade Commission.

Baldo is particularly sought after for his courtroom skill and strategic depth, having led trials, arbitrations and appeals in high-stakes disputes involving technologies ranging from pharmaceuticals and medical devices to encryption, digital media, diagnostics, mobile platforms and software. Baldo has represented global corporations, including Arkema S.A., British Telecommunications PLC, Church & Dwight Co., Inc., Henry Schein, Inc., Maidenform Brands Inc., Mitsubishi Electric Corp., Ossur North America Inc., Panasonic Corp., Sony Corp., Welch Foods, Inc. and Zenith Electronics LLC.

With a background in pharmacy, Baldo brings deep domain expertise to pharmaceutical litigation. He has a proven record of driving successful outcomes in complex pharmaceutical milestone payment, royalty and licensing disputes—often stemming from collaboration agreements, co-development deals, and M&A transactions—where the financial and strategic stakes run high.

In addition to representing corporate clients, Baldo works closely with university innovation and technology transfer offices to maximize the financial return of research investments. He develops tailored IP asset optimization strategies and aggressively enforces intellectual property rights to protect and monetize core innovations—whether through high-value licensing agreements, shaping and advancing spin-out company development, or successful litigation.

Baldo also provides strategic counsel on IP due diligence, complex licensing, IP structuring, patentability and freedom-to-operate analyses, and infringement and validity opinions. He advises boards and executive teams on aligning IP strategy with business objectives, mitigating risk and maximizing the value of innovation assets.

A frequent author and commentator on intellectual property topics, Baldo has been quoted in the National Law Journal, Bloomberg BNA, Law360, Westlaw Journal and Inside Counsel magazine. He is also a regular contributor to articles published in Medical Product Outsourcing magazine that deal with the medical device industry.

Baldo served as a judicial intern for Hon. John E. Sprizzo of the United States District Court for the Southern District of New York and for Hon. Charles A. LaTorella of the New York Supreme Court.

Read more about Baldassare VintiEmail
Show more Show less
Photo of Jennifer Yang Jennifer Yang

Jennifer Yang is a partner in the Litigation Department. She is a skilled commercial litigator specializing in false advertising and other intellectual property disputes, including Lanham Act and consumer class action false advertising litigation, advertising challenges before the National Advertising Division (NAD) and…

Jennifer Yang is a partner in the Litigation Department. She is a skilled commercial litigator specializing in false advertising and other intellectual property disputes, including Lanham Act and consumer class action false advertising litigation, advertising challenges before the National Advertising Division (NAD) and National Advertising Review Board (NARB) as well as trademark, trade secret and copyright litigation. Jen represents clients in a variety of industries, including medical device companies, consumer products companies, cosmetics companies, food and beverage companies, fashion retailers, sports, entertainment and art foundations.

Jen regularly defends clients in threatened and filed consumer class actions. She has successfully helped clients defend cases around the country involving core product performance claims, ingredient claims, slack fill allegations, environmental and other ESG-related claims, pricing disputes, health claims, and allegations of undisclosed PFAS and other contaminants. Jen has extensive experience litigating matters involving foods, drugs, medical devices, dietary supplements and cosmetics, and is proficient on the impact of the regulatory frameworks governing these products on consumer class action defense.

Jen also frequently represents both plaintiffs/challengers and defendants/advertisers in competitor Lanham Act cases and challenges before NAD and NARB. She brings her deep experience in litigation strategy and subject matter expertise to each case to achieve the best possible outcome for her clients.

A core part of Jen’s practice includes counseling clients on advertising and claim substantiation. She leverages her expertise in NAD, regulatory guidance (including the FTC Endorsement Guides, Green Guides and Negative Option Rule), state consumer protection statutes and consumer class action trends to work closely with clients and their marketers to help develop compelling marketing campaigns and messaging while minimizing legal risk. Jen also partners with clients’ R&D teams to help develop robust claim substantiation in accordance with best legal practices, including clinical studies, in vitro testing, sensory studies, home use tests, and consumer and expert surveys.

Jen is a regular speaker at ANA’s Masters of Advertising Law Conference, and is an author and editor of Proskauer’s advertising law blog, Proskauer on Advertising.

Read more about Jennifer YangEmail
Show more Show less
Evelyn Blanco

Evelyn T. Blanco is an associate with the Litigation Department, holding the distinguished Silver Scholar award from Proskauer. During her Summer Associate secondment, Evelyn interned with NBC Universal, gaining firsthand experience in the dynamic Entertainment Industry.

Evelyn earned her J.D., graduating cum laude…

Evelyn T. Blanco is an associate with the Litigation Department, holding the distinguished Silver Scholar award from Proskauer. During her Summer Associate secondment, Evelyn interned with NBC Universal, gaining firsthand experience in the dynamic Entertainment Industry.

Evelyn earned her J.D., graduating cum laude from Duke University School of Law. Her academic journey included a full-time externship with the District of Columbia Office of the Attorney General’s Antitrust and Nonprofit Enforcement Section, providing her with valuable insights into the inner workings of the legal system. Evelyn’s commitment to pursuing justice further led her to serve as a student attorney in both the Duke Wrongful Convictions Clinic and the Duke Children’s Law Clinic. Additionally, she generously devoted her time to several Pro Bono projects for the Duke Immigrant and Refugee Project.

Before embarking on her legal career, Evelyn spent several years as a paralegal, specializing in Employment and Tort matters. This rich and diverse background underscores her expertise as a professional in the field of litigation.

Read more about Evelyn BlancoEmail
Show more Show less
  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    Proskauer on Advertising Law
  • Organization:
    Proskauer Rose LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo