Consumer Protection > MIslabeled Products
A mislabeled product has labeling or packaging that falsely describes the product, creates a misleading impression, or omits legally required information. Mislabeling may concern ingredients, quantity, origin, certifications, or other important characteristics. The applicable requirements depend on the product and the specific claim or omission.
California’s Consumers Legal Remedies Act (Civil Code section 1770) prohibits specified deceptive practices in qualifying consumer transactions, including misrepresenting a product’s ingredients, benefits, quantity, quality, or certification.
Product-specific federal rules may also apply. For example, the Federal Food, Drug, and Cosmetic Act addresses food misbranding under 21 U.S.C. section 343, including false or misleading labels and failures to provide required information. Food-labeling rules should not be assumed to apply identically to every consumer product.
No. An attorney may evaluate the complete label, applicable regulations, what the representation communicated, whether it influenced the purchase, and any resulting loss or injury. A labeling violation does not automatically establish a private right to sue or entitlement to compensation.
If the same label affected many purchasers, common evidence may support an investigation into potential group claims. Whether a case can proceed as a class action depends on the facts and applicable certification requirements.
Save the product and packaging when safe, photographs of all label panels, receipts, order confirmations, and dated screenshots of online product descriptions. Record the purchase date, retailer, product size, and any lot or batch number. Keep relevant communications and records of financial loss or injury.
Legal sources: California Civil Code Section 1770: Deceptive Consumer Practices; 21 U.S.C. Section 343: Food Misbranding; and FTC: Advertising and Marketing Basics.
Did a product’s label mislead you about what you were buying? Matern Law Group can review the labeling and your circumstances to explain your consumer protection options.
The attorneys at the Matern Law Group have many years of experience protecting consumers from a variety of unfair, deceptive, and predatory practices.
In our consumer-goods driven society, we feel that it is important that companies are held responsible for placing defective, or mislabeled goods in the hands of consumers. Consumers should expect a reasonable level of safety and performance out of any products they purchase. When dangerous goods do end up being sold to consumers, the manufacturer or seller should be held responsible.
Not only is it a crime to adulterate or misbrand consumer products, it is also a federal offense to knowingly “traffic” expired or mislabeled products. Trafficking may include:
A food is considered “mislabeled” if it:
If you believe that you may be a victim to a defective or mislabeled consumer product and would like to speak with a reputable consume rights lawyer to discuss your rights, please reach out to us to find out more about potential claims.
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