When plaintiffs allege deceptive advertising or labeling of a product, courts in most states must apply the “reasonable consumer” test to these claims at the pleading stage as a meaningful and objective hurdle to prevent unreasonable claims from moving forward.

In practice, however, some courts decline to decide the reasonableness of plaintiffs’ claims at the pleading stage, and courts that reach the question apply different and seemingly subjective standards. This range of decisions makes it difficult to predict the outcome of a motion to dismiss.