Selsun Blue is an anti-dandruff shampoo, and its manufacturer, Chattem, faced allegations of false and deceptive advertising stemming from the “natural” tagline on the product’s packaging. A class of plaintiffs in New York claimed that the product failed to disclose ingredients they considered unnatural, despite the “natural” label representation.
Case Facts
In 2020, Jimmy Mustakis purchased Selsun Blue Naturals shampoo, allegedly relying on the term “naturals” printed on the front of the bottle. The complaint alleged that “reasonable consumers…value natural products for important reasons, including the belief that they are safer and healthier than alternative products that are not represented as natural.” After use and repeated purchases, he noticed ingredients he believed were unnatural, including panthenol, disodium EDTA, propylene glycol, and citric acid. The label did disclose that the product contained salicylic acid, although this was not among the challenged ingredients.
Mustakis objected to these ingredients, although he did not object to the salicylic acid disclosed on the label. He filed a false and deceptive advertising action in 2020alleging that the product was not “natural” and that consumers paid a premium for that representation.
Ruling
The court dismissed the case on a number of grounds, including the salicylic acid disclosure on the front panel. While the plaintiffs did not object to the salicylic acid, the court stated: “No reasonable consumer would believe that a product containing three percent salicylic acid is entirely free from synthetic ingredients.” The court also noted that the plaintiff’s claims “seem misplaced” because the salicylic acid appeared directly below the product name, making it “implausible that a reasonable consumer could be misled.”
The decision also reasoned that Selsun Blue “does not claim ‘Selsun Blue Naturals’ is ‘all natural’ or ‘100% natural,' rather the term ‘Naturals’ appears only in the brand name,” and that the back label discloses both the synthetic ingredients identified in the complaint and natural ingredients. This supported the product’s use of the term “naturals.”
IMS Survey Expertise
False and misleading advertising disputes often turn on what a “reasonable consumer” would believe. Because the easiest way to learn what consumers believe is to ask them, this requirement is a signal that consumer research may play a role. Claims involving “green” or “natural” representations often require survey evidence on consumer perception of those terms. Courts frequently look to consumer surveys as a reliable method for generating this type of evidence.
If you are involved in a false or deceptive advertising dispute turning on consumer perception, contact IMS Legal Strategies.
