'I Demand a Refund'

Numerous class action complaints have been filed recently, challenging labels' claims that the products are “all natural.” Similarly, cosmetics products may be challenged for “organic” or “natural” labeling claims. The food-labeling cases allege that the “all-natural” label claims are deceptive because the products contain allegedly synthetic ingredients such as ascorbic acid (Vitamin C), citric acid, potassium citrate or calcium chloride. One of the many roadblocks for plaintiffs in establishing class certification in these cases has been finding a reliable damages methodology that can withstand scrutiny. This article summarizes several proposed models, and how the courts have dealt with them.