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Inside the Law: Target seeks dismissal of false advertising lawsuit

May 18, 2018 - 5:38 pm

By Amy E. Feldman, Judge Technology Solutions

PHILADELPHIA (KYW Newsradio) -- Retailer Target is facing a false advertising lawsuit because its makeup removing towelettes, Evening Calm, which are advertised as gentle and hypoallergenic, are misleading. 

According to an article at the National Institute of Health, hypoallergenic is a term often applied to cosmetics and is intended to imply a very low likelihood of causing allergic reactions. 

But according to the FDA, there are no Federal standards or definitions that govern the use of the term "hypoallergenic." There aren't even industry standards governing it. The term means whatever a particular company wants it to mean. 

Target claims the lawsuit should be tossed because the terms gentle and hypoallergenic are, in its words, quintessential puffery. 

I think we all know the definition of that not so gentle statement: believe what you want, sucker. You get what you get.