9th Circ. Is Wrong On Consumer Fraud Injunctive Relief Issue

Law360 (June 24, 2021, 1:27 PM EDT) -- Plaintiffs in consumer fraud class actions regularly ask courts to enjoin defendants from continuing their allegedly unlawful advertising or labeling.[1]

Defendants in such cases, on the other hand, often argue that plaintiffs lack standing to seek such relief because they face no imminent risk of future injury — after all, plaintiffs necessarily know about any false advertising or deceptive labeling alleged in their own complaints and thus face no real risk of future deception.[2]

For years, defendants' arguments in this regard met with mixed results in the federal district courts. In 2012, however, several circuits began to hold that previously deceived...

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