Walmart and CVS argued no one could be deceived since the homeopathic products had the word “homeopathic” on their labels and included a warning they hadn’t been evaluated by the Food and Drug Administration. The court also supported CFI’s right to sue over the placement of homeopathic products next to “science-based” products in the pharmacy section, which it said could be a deceptive practice under the CPPA.
court said while that argument might strip a nonprofit of standing under federal law, the CPPA was written to allow organizations to sue on broader grounds. pseudoscience.” Walmart argued the group had a longstanding antipathy toward homeopathic remedies and was trying to use the courts to enforce its own ideology.
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In this case, the court said, CFI “strives to foster a society free of. court found it “advocates on behalf of consumers” by making sure claims about the humane treatment of animals are accurate. law, which would limit standing as it is done in federal courts, saying the District of Columbia “intended to confer maximum standing for public interest organizations.” Hormel argued the ALDF only represented the rights of animals, but the D.C. The court in that case rejected a narrow reading of the D.C. 29 decision, relying primarily upon a similar case involving the Animal Legal Defense Fund against Hormel. But the District of Columbia Court of Appeals reversed in a Sept. law contrasts with standing doctrine in federal court, where plaintiffs must show they have suffered a concrete injury in order to sue.ĭistrict judges dismissed the cases against CVS and Walmart for similar reasons, finding CFI didn’t meet the statutory definition of a consumer group and the mere placement of homeopathic remedies near “science-based” products wasn’t a deceptive practice under the CPPA. The Center for Inquiry sued the retail chains under D.C.’s Consumer Protection Procedures Act, a statute that gives the power to file lawsuits to organizations formed “for the purpose of promoting interests or rights of consumers.” The D.C.
The decision overturned dismissals by lower-court judges who said no reasonable consumer could be deceived into thinking the homeopathic products were government-approved. WASHINGTON (Legal Newsline) - An organization that says it is dedicated to “defending science and critical thinking” can sue CVS and Walmart for placing homeopathic remedies next to Food and Drug Administration-approved medicines, a District of Columbia appeals court ruled.
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