Ninth Circuit Revives False Advertising Claims Over “Impossible” Thread Counts

On April 17, 2026, the Ninth Circuit delivered a significant win for consumers in Panelli v. Target Corp., reaffirming that blatantly false product claims can remain actionable—even when the deception involves statements that may be technically or scientifically “impossible.”

The case centers on Target’s marketing of “Threshold Signature” bedsheets labeled as “100% cotton” with thread counts of 600 or higher, including an “800 thread count” designation. Plaintiff Alexander Panelli alleged that such representations are not merely exaggerated but physically impossible, because cotton threads cannot be woven densely enough to achieve those numbers. He claimed he paid a premium based on Target’s labeling and later learned through testing that the actual thread count was far lower.

The district court dismissed the case, reasoning that because the claimed thread counts were impossible, no reasonable consumer could be deceived—a theory rooted in a prior case, Moore v. Trader Joe’s. But the Ninth Circuit rejected that logic, emphasizing that Moore applies only to ambiguous claims, not to clear and specific representations like thread count numbers. Critically, the court warned that Target’s defense would create a perverse loophole: sellers could escape liability for “wholesale falsity” while remaining accountable only for minor inaccuracies.

The decision breathes new life into consumer protection claims and sends a clear message: companies cannot avoid accountability by arguing that their marketing claims are too false to believe.

The case is Panelli v. Target Corp., 2026 U.S. App. LEXIS 10973 (9th Cir. 2026)