politics and decided as a matter of law issues that she had gone to the jury and also failed to apply the reasonable consumer standard when it was when it held as the plane just interpretation of the alleged misrepresentations was absurd just the defense counsels offer an alternative interpretation as to what he challenge misrepresentations could mean and it did not consider what a parent would recently expects when buying a ninety the lab results show that none of the dog food that your client actually purchased contain to detect right i mean do you think we're arguing that  and the reason why they are talking about help here is how they're trying to minimize the exposure and to be ga in their docs and so at this point summary judgment there are there is evidence that should go to a phrase biologically appropriate on the dog food as certifying that the dog food is completely free of b p a other than your client's own testimony was there argument how would that support that a reasonable can sooner would interpret that phrase as meaning that the fruit food was free of any b p a including what you could pick up in the entir a question of what a reasonable consumer would interpret which is is the test under the statute that that you're pursuing here so i and i please identify for me if i have missed something i'm trying to make around what in the record would support other than your client's own testimony which i don't think is sufficient under the law what would support your argument that a reasonable consumer would interpret biologically appropriate as certifying moment please we have st provided no support for an argument that there is an obligation to disclose the mere risk of such substances there is no allegation that champion knew such substances in producing the dog food the suppliers of its packaging maintain that the packaging could render the term biologically appropriate deceptive be misleading as a matter of this st ignores the law that something can be true and still mislead you have to believe that it does contain some fresh ingredients  greeting let's assume that i think you started to agree to that initially but let's assume that at my question to you is the same here as on the b p a what evidence was submitted that a reasonable costumer would and you're into your rebuttal time but my question was not what the district court did but what evidence did you put into the record other than your client's own testimony that a reasonable consumer would interpret the representation to dogs at the level for the golf the mere potential presence in chickens for dog food is not big biologically appropriate a lot based on the undisputed facts that's entirely correct a possible presence of ubiquitous but not harmful levels of b such as depression reasonable risk or said and i need to have thirty or so the stuff we stand by the general principle that deceptive advertising claims should take into account all the information available to consumers and the context in which that know or regionally sourced had a rather expansive meaning that was clear on the face of the packaging is it equally clear that the meaning would extend to a far flung location like new zealand and other words how can we say as a matter of law that the packaging was not because it doesn't make any sense he bought six fish that said it came from the atlantic ocean he knows that the six fish didn't come from kentucky so he understands that regional doesn't necessarily mean consumption but what about that doesn't mean new zealand and forgive ingredients or in the richard freshness sara or is this the status quo it's been there and it's not any different than in the past in other words the same packaging is now as it for fresh they are very very dependent on the fact that ross are fresh and that everyone would understand that our ties are players as by that rod would still need for us their own documents show that rout for us so whether fresh and raw are the same or different is an issue of that and that does play into their defense as to why pressure is not misleading i would also say that we've heard did the grocery store and they don't have to parse the label and if you look at and disputed facts between sixteen and twenty you'll see all those other statements that we put in the word champion talks about fresh