A recent case in the Northern District of California addresses the use of testing in a false advertising case at the pleading stage, and how specific plaintiffs must be when discussing test results in a complaint. In Mack v. Edgewell Personal Care Company, the Court held that cursory allegations regarding testing may be insufficient to survive a motion to dismiss, and that specific factual allegations that explain the test results presented and plaintiff’s interpretation of those results are required to meet the plausibility requirement.
Read the full blog post.