Litigation & Arbitration
Jan. 12, 2024
An ‘ambiguity’ defense in ‘clean beauty’ litigation?
The absence of a standardized definition for “clean” allows manufacturers facing legal challenges to argue that additional materials clarify the term and counter claims of deception, notwithstanding three potential limitations.
Alexander M. Smith
Partner, Jenner & Block LLP
Phone: (213) 239-2622
Email: asmith@jenner.com
Harvard Univ Law School; Cambridge MA
"Clean beauty" has grown into a multi-billion dollar industry. Once considered niche products aimed only at the most discerning and eco-conscious consumers, "clean beauty" products are now available on the shelves of major retailers across the country. But the growing demand for "clean beauty" products has attracted the attention of the plaintiffs' class action bar. For example, one plaintiff has challenged Sephora's use of the "Clean at Sephora" certification because...