Consumer Class Action

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A recently filed class action lawsuit against Gymshark, a prominent athletic apparel company, highlights the escalating legal risks associated with influencer marketing. The complaint, brought in the U.S. District Court for the Southern District of New York on June 16, 2026, alleges that Gymshark systematically paid social media influencers to promote its products without ensuring that the influencers were providing clear and conspicuous disclosures about such payment, in violation of Federal Trade Commission (FTC) guidance and New York state law.

Continue Reading Ghost Advertising: Compliance Takeaways From the Gymshark Influencer Class Action

PFAS compliance in cosmetics has become a critical and growing legal risk for beauty and personal care companies, driven by an expanding patchwork of state bans across 14+ jurisdictions and increasingly sophisticated consumer class action litigation that companies must address proactively rather than reactively. Click here to continue reading the full version of this alert.

In a Law360 article published today, “How Food, Beverage Claims May Preview Cosmetic Litigation,” Crowell attorneys argue that class action litigation trends from the food and beverage industry — including lawsuits over “natural” labeling claims, deceptive packaging (slack-fill), and greenwashing — are directly foreshadowing, and providing a strategic roadmap for, the wave of similar litigation…

The year 2025 saw an increase in recall class actions challenging false advertising, labeling, and recall remedies across consumer goods, from household products to pet food. One persistent question for courts in these recall cases is whether the plaintiff has Article III standing, which often hinges on “traceability.” These cases do not appear to be slowing down in 2026, as consumers are becoming even more conscious and selective about the products they purchase, driving greater scrutiny and risk for product companies across all industries.

Continue Reading 2025 Recall Class Action Wave: False Advertising, Mislabeling, and Traceability Shape the Litigation Trends

On April 21, 2025, the FTC filed an enforcement action against Uber alleging that Uber enrolled consumers in Uber One without proper consent, created substantial barriers to cancellation, and misrepresented the financial benefits of the subscription. The claims include violations of the FTC Act—which prohibits unfair and deceptive acts in commerce—and the Restore Online Shoppers’ Confidence Act (“ROSCA”)—which prohibits charging consumers for goods and services sold on the internet through a negative option (i.e., failing to cancel a subscription, unless the seller clearly discloses all material terms of the transaction before obtaining the consumer’s information and obtains the consumer’s expressed informed consent for the charges and provides simple mechanisms for the consumer to stop the recurring charges). Click here to continue reading.

Continue Reading Three-Clicks You’re Out? The FTC’s Action Against Uber Showcases That Businesses Need to Provide Transparent Cancellation Processes

On April 14, 2025, ClassPass, a web-based company offering subscription services to third-party fitness classes, petitioned for rehearing en banc of the Ninth Circuit’s Chabolla v. ClassPass decision, which held that ClassPass’ users were not bound by the terms of ClassPass’ “sign-in wrap” agreement. The ruling has significant consequences for online companies using sign-in wrap…

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Since the Federal Trade Commission (“FTC”) published its updated 2023 Guides Concerning the Use of Endorsements and Testimonials in Advertising earlier this year, consumer reviews have been front of mind. This guidance covers, in part, the treatment of consumer reviews, and companies have been (or should be) preparing for an uptick in FTC enforcement. But it’s not just the FTC to watch out for. A recent wave of class actions arising under California Civil Code § 1670.8 related to a customer’s right to make statements about their experience with a seller has raised the bar for retailers to another level.

Continue Reading I Can’t Say What? New Wave of Class Actions Target Consumer Review Terms & Conditions
Recall

What a company knew and when is a critical question in any lawsuit involving recalled products. And the answer may be complicated, particularly when a manufacturer announces multiple recalls and expands previous recalls.

Continue Reading Recall Litigation Report: Mid-America Pet Food Faces Putative Class Action Over Recalled Pet Food Products

Bayer Healthcare LLC (Bayer) is the latest in a long line of companies to be hit with a consumer class action lawsuit over recalled personal care products containing benzene—a carcinogen found in a variety of consumer products, including most notoriously, aerosol deodorant, sunscreen, and dry shampoo.

Continue Reading Recall Litigation Report: Benzene Continues To Be A Hot Button Issue