Claims that tend to draw consumer suits
Label and marketing phrases such as 'natural,' 'made in USA,' 'clinically proven,' and 'no preservatives,' along with reference prices on sale tags, are frequent targets, as are packages with more empty space than buyers expect. In New York, consumer cases are usually brought under the state's General Business Law provisions on deceptive practices and false advertising, and courts ask whether a reasonable consumer acting reasonably would be misled. The state's FAIR Business Practices Act, which took effect in early 2026, broadened what the Attorney General can pursue to include unfair and abusive practices, while private suits remain focused largely on deception. Other states have their own statutes, which is why the same label can be challenged in several places at once.
If your company is the defendant
The first steps are to collect the substantiation behind the challenged claim, the history of the label's wording, and sales data by state, and to put a hold on related documents. Early motions often test whether the statement could mislead a reasonable consumer at all, whether the plaintiff suffered an injury caused by it, and whether federal labeling rules preempt the claim. Many products carry arbitration clauses or class waivers in online terms, but whether they bind retail buyers is a separate question. Changing the label can be sensible, and how and when it is done should be discussed with counsel so the change is not framed as an admission.
If you are the one who was misled
Individual losses in these cases are often small, which is why they are usually brought as class actions or raised through complaints to regulators such as the state Attorney General or the FTC. Keep the packaging or screenshots of the advertisement, the receipt, and any order confirmation showing where and when you bought the product. Some terms of sale require arbitration, which changes how a claim can proceed. When you contact us, we compare what the advertising said with what the product turned out to be, and consider whether a claim, a regulatory complaint, or both make sense.
