Crosner Legal is pleased to announce that we have filed an appeal in Panelli v. Target Corporation, a major consumer protection case challenging Target’s misleading advertising of its bedsheets. The appeal, filed in the Ninth Circuit Court of Appeals, seeks to overturn a district court ruling that dismissed our client’s claims without leave to amend. This case has drawn significant attention, including support from the California Attorney General’s Office, which filed an amicus curiae brief urging reversal.
The lawsuit alleges that Target falsely advertises its bedsheets with exaggerated thread counts, deceiving consumers into paying a premium for what they believe to be higher-quality products. Our client, Alexander Panelli, purchased a set of sheets labeled as “800 thread count,” only to later discover through independent testing that the actual thread count was significantly lower—just 288. Target’s alleged misrepresentation exploits consumers’ well-established perception that higher thread counts equate to superior quality, leading them to overpay for products that do not meet the advertised specifications.
The district court dismissed the case based on an interpretation of Moore v. Trader Joe’s, concluding that because an “800 thread count” in 100% cotton sheets is impossible to achieve, and thus no reasonable consumer could be deceived. Our appeal argues that this reasoning is flawed and undermines fundamental principles of California’s consumer protection laws. Contrary to the district court’s ruling, false advertising cases should not be dismissed simply because a claim is so false that it is technically impossible—especially when consumers lack the specialized knowledge to recognize the impossibility at the time of purchase. Instead, consumer deception is a factual question that should be determined by a jury, not dismissed at the pleading stage.
The California Attorney General’s Office echoed this argument in its amicus curiae brief, and urged the Ninth Circuit to correct this misapplication of the law.
Our appeal urges the Ninth Circuit to reverse the district court’s dismissal, or at a minimum, remand the case with instructions to allow our client the opportunity to amend his complaint. If successful, this case will reinforce critical protections against false advertising and hold companies accountable for misleading consumers.
We will continue to provide updates as this important case progresses. If you or someone you know has been misled by deceptive advertising, we encourage you to reach out to Crosner Legal for more information about your rights.
- Crosner Legal: 9440 Santa Monica Blvd. #301, Beverly Hills, CA 90210
- Phone: (866) 276-7637 [CROSNER]
- Email: intake@crosnerlegal.com
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We remain committed to fighting for consumer rights and ensuring that deceptive business practices do not go unchecked.
This blog post is intended for informational purposes only and does not constitute legal advice.