A Massachusetts District Court judge dismissed a class action suit against Kohl’s that alleged the department store had engaged in false advertising because of the way it compared its pricing to manufacturer suggested retailer’s pricing. The judge explained that even if the consumer believes he or she is getting a bargain based on the way the price of the product is advertised, such marketing tactics did not violate federal or Massachusetts law because the consumer did not suffer any monetary injury.

The dismissal of the class action is a win for the company, but such marketing tactics could take a hit in the court of public opinion. This case shows that although something is legally permitted, there may still be risks involved.