Consumers suing over allegedly misleading product labels sometimes get caught in a legal Catch-22.
Typically, consumers filing such false labeling complaints allege that after buying a product, they discovered an alleged deception that enticed them to make the purchase.
But knowledge of this alleged deception, though key to fraud-based allegations, can also pose a major problem for these consumers in federal court.
Judges have split on whether such now-enlightened plaintiffs have constitutional “standing” to represent either themselves or a class on one of the most significant aspects of their cases: claims seeking label changes.
Courts disallowing standing for such claims ...