Ellis v. Nike USA, Inc.

The federal district court for the Eastern District of Missouri dismissed a lawsuit in which a plaintiff alleged that she purchased products from Nike’s “Sustainability Collection” at a premium in reliance on Nike’s allegedly false representations that the products were sustainable and made with recycled and organic materials. The plaintiff alleged that Nike marketed the Sustainability Collection as supporting its “journey toward zero carbon and zero waste.” The court found that the plaintiff failed to plausibly allege that the products were not made with any recycled or organic fibers. The court further found that the plaintiff did not plausibly plead that she acted as a reasonable consumer would in light of all circumstances as required under the Missouri Merchandising Practices Act.

A consumer who purchased Nike’s “Sustainability” Collection Products filed a class action complaint in the federal district court for the Eastern District of Missouri asserting that Nike falsely and misleadingly represented that the products were sustainable, made with sustainable materials, and environmentally friendly. The misrepresentations alleged by the plaintiff included that Nike labeled products to claim that they supported a “Move to Zero,” which “is Nike’s journey toward zero carbon and zero waste to help protect the future of sport.” The complaint asserted violations of Missouri’s Merchandising Practices Act and made claims of unjust enrichment, negligent misrepresentation, and fraud.