- Consumer alleged high thread count was physically impossible
- Buyers wouldn’t expect label to promise something unattainable
Reasonable consumers wouldn’t be misled by
Judge Marilyn L. Huff of the US District Court for the Southern District of California on Monday dismissed a consumer’s class action complaint alleging Target mislabeled the bed sheets.
The consumer alleged that the sheets actually had a thread count of 288 rather than 800 and that it is physically impossible to make cotton threads fine enough to have 600 or more threads in a square inch of 100% cotton sheets.
The consumer’s “theory of deception here is implausible and based on an unreasonable interpretation of the representations at issue,” Huff said. She added that no reasonable consumer would interpret the labels to mean the product was promising something impossible to find.
Huff rejected the consumer’s argument that a number of other courts have found similar thread allegations sufficient to state a deception claim.
None of the other complaints “appear to have contained an allegation that the thread count representations at issue were physically impossible to achieve,” Huff said.
Huff dismissed the case with prejudice because “it is impossible” for the consumer to state viable state-law consumer protection claims “without contradicting” the allegation that 800-count sheets are physically impossible.
Other homegoods makers haven’t been able to escape deceptive thread-count claims.
In 2023, Williams-Sonoma customers won class certification on their claims that the company falsely advertised Pottery Barn 600-count bedding products.
Macy’s settled thread-count deception claims for more than $10 million in 2023.
Crosner Legal PC and Salisbury Legal Corp. represent the consumer suing Target.
Target is represented by Dentons US LLP.
The case is Panelli v. Target Corp., S.D. Cal., No. 3:24-cv-01218, 10/28/24.
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