Alerts8.13.25

Ninth Circuit Gives Companies Facing False Advertising Class Actions a Critical Defense Tool

Decision reaffirms the “reasonable consumer” standard as a potent early-dismissal strategy

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In Bodenburg v. Apple, Inc., the U.S. Court of Appeals for the Ninth Circuit provided companies facing false advertising class actions with a significant tool to defeat those claims — the reaffirmation of the “reasonable consumer” standard.

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