7th Circ. Says Science Must Back Up Aloe Buyers' Label Suit

Law360 (January 15, 2020, 2:15 PM EST) -- A Seventh Circuit judge on Wednesday pushed aloe buyers to put forth scientific evidence to back their claims that Walgreens and its private-label aloe vera gel maker falsely marketed the gel for sunburn relief when the products contain "barely detectable" amounts of anything therapeutic.

The problem, said U.S. Circuit Judge Frank Easterbrook, is that the proposed class of consumers appeared unable to point to evidence to support claims that a compound called acemannan — which they say is lacking in the products from Walgreens Co. and Fruit of the Earth Inc. — is necessary to provide sunburn relief. During oral arguments...

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