Law360 (August 25, 2020, 7:27 PM EDT) — L’Oreal USA Inc. could not fully shake off a false advertising class action over shampoo and hair products on Monday, with a New York federal judge trimming a breach of contract claim but allowing others to remain, saying the class put forward sufficient evidence to survive a summary judgment motion.
U.S. District Judge Lorna G. Schofield rejected the cosmetics giant’s argument on some claims that the classes did not sufficiently demonstrate terms used on the products’ labeling are misleading to an objective “reasonable consumer.”
The judge did rule in the same motion that portions of testimony from marketing, branding and advertising…
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