Schulte v. Conopco, Inc., No. 20-2696 (8th Cir. 2021)
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The Eighth Circuit affirmed the district court's dismissal of plaintiff's action against numerous companies for violating the Missouri Merchandising Practices Act (MMPA) through their marketing of men's and women's antiperspirants. Plaintiff alleges that Conopco, Inc.—doing business as Unilever—discriminates based on gender in pricing two Dove product lines.
The court concluded that plaintiff mistakes gender-based marketing for gender discrimination where she ignores the fact that the different scents, packaging, and labels make the products potentially attractive to different customers with different preferences. Because preference-based pricing is not necessarily an unfair practice, the MMPA does not prohibit defendants' pricing here.
Court Description: [Benton, Author, with Gruender and Shepherd, Circuit Judges] Civil case - Missouri Merchandising Practices Act. In action alleging defendant violated the Missouri Merchandise Practices Act by discriminating against women based on gender because of price differences between two of its Dove brand antiperspirants - Men Care marketed to men and Advanced Care marketed to women - the district court dismissed the case for failure to state a claim; plaintiff's complaint mistakes gender-based marketing for gender discrimination; the products have different scents, packaging and labels, appealing to different preferences; preference-based pricing is not necessarily an unfair practices, and the Act does not prohibit the defendants' pricing differences for the products.
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