9th U.S. Circuit Court of Appeals
Jul. 30, 2024
The Ninth Circuit’s ‘ambiguity’ rule just became even more ambiguous
Ninth Circuit's recent opinion in Whiteside v. Kimberly-Clark Corp. muddies the rule that the court had previously clarified in McGinity v. Procter & Gamble Co. that when "a front label is ambiguous, the ambiguity can be resolved by reference to the back label." The ruling is likely to lead to unpredictable rulings.
In 2023, the Ninth Circuit held in McGinity v. Procter & Gamble Co. that when "a front label is ambiguous, the ambiguity can be resolved by reference to the back label." 69 F.4th 1093, 1099 (9th Cir. 2023). That rule was simple and easy to apply. It was also consistent with a decades-long line of cases holding that an advertisement is not deceptive if "[a]ny ambiguity" that the plaintiff "would read into any particular statement is disp...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In