Hodsdon v. Mars, Inc.

California consumer protection laws do not obligate Mars, Inc. to label their goods as possibly being produced by child or slave labor. In the absence of any affirmative misrepresentations by the manufacturer, the manufacturer did not have a duty to disclose the labor practices in question, even though they were reprehensible, because they were not physical defects that affected the central function of the chocolate products. The Ninth Circuit affirmed the dismissal of a putative class action alleging that Mars had a duty to disclose on its labels the labor practices that may have tainted its supply chain. In this pure omissions case concerning no physical product defect relating to the central function of the chocolate and no safety defect, the panel held that plaintiff has not sufficiently pleaded that Mars had a duty to disclose on its labels the labor issues in its supply chain. Absent such a duty, plaintiff's claims under the Consumers Legal Remedies Act, Unfair Competition Law, and False Advertising Law claims were foreclosed. View "Hodsdon v. Mars, Inc." on Justia Law