November 27, 2022

Volume XII, Number 331

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Nevada Consumers Not Required to Have Used At-Issue Product to Sue for Deceptive Trade Practices

Like many states, Nevada enacted deceptive trade practices statutes to protect consumers. In a recent case, the plaintiff smoked cigarettes and alleged they injured her, but admitted she did not purchase or use any of the defendant’s products. The defendant moved to dismiss the complaint based on that admission, arguing the plaintiff lacked standing. The Nevada Supreme Court disagreed, noting NRS 41.600(1) gives standing to “any person” who is a “victim of consumer fraud.” Defendants potentially violate the deceptive trade practices statute “when they make a knowingly false representation regarding the product in an attempt to sell the product and the claimant suffered a direct harm from the attempted sale, regardless of whether the claimant purchased the at-issue product.” The complaint alleged sufficient factual allegations to create standing. It also alleged sufficient facts of direct harm, asserting the plaintiff “would not have smoked cigarettes and developed cancer but for all defendants’ deceptive trade practices. 

This ruling broadens the range of potential plaintiffs in a deceptive trade practices action. Moving forward, motions to dismiss in this scenario might focus more on whether the plaintiff has alleged sufficient facts to establish a “direct harm.”

© 2022 Wilson ElserNational Law Review, Volume XII, Number 273
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About this Author

Michael Lowry Las Vegas Retail Manufacturing Attorney Wilson Elser Law Firm
Partner

Michael Lowry has an active litigation and defense practice, with clients among the country’s largest and most recognizable brands in several industries, such as retail, restaurant and hospitality, commercial transportation, manufacturing and more. As a member of the firm’s emergency response team, when transportation clients face a catastrophic event, Michael and other members of Wilson Elser’s 24/7 go-team arrive on the scene to help gather and preserve information that may be critical to the client’s defense, as well as liaison at the scene with investigating...

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