Class Action Defense - Consumer - False Advertising

Overview

With a track record of successfully defending companies in consumer false advertising litigation brought under state and federal laws, BakerHostetler’s Consumer False Advertising Class Action team develops and executes creative and aggressive strategies designed to defeat class actions in industries such as food and beverage, dietary supplements, nutraceuticals and over-the-counter medicines. We are the go-to law firm for class action matters for several leading consumer product manufacturers.

To defeat complex cases in the rapidly growing area of false advertising class actions, we seamlessly combine the unparalleled subject matter expertise of our nationally recognized advertising lawyers with the firm’s team of experienced class action litigators. Unlike many other firms who have either advertising litigation capabilities or subject matter proficiency, BakerHostetler has both. That unique combination often results in innovative and winning strategies not anticipated by our adversaries and allows us to handle these types of litigation in a resourceful and cost efficient manner. When needed, we also draw upon the knowledge of our antitrust, privacy and data protection, intellectual property and insurance lawyers to develop a unified strategy.

Select Experience

  • Representing international manufacturer of consumer goods in a multi-state consumer class action in which the plaintiffs allege that the company’s advertising and marketing of its probiotic supplement violates various state consumer protection laws. This case is being closely watched by the plaintiffs’ and defense bars to determine how closely federal judges will draw the line between Federal Trade Commission's (FTC) exclusive enforcement authority for inadequate substantiation of advertising claims and private actions for false advertising, which are being used by private plaintiffs to try to make an end-run around the FTC’s exclusive enforcement authority.
  • Representing consumer products company in a consumer class action relating to its marketing and sale of two over-the-counter cold and flu remedies. After briefing, the client obtained dismissal of all the claims with prejudice. Following plaintiffs’ appeal, the Sixth Circuit Court of Appeals affirmed the dismissal of all but one claim under New Jersey’s consumer protection statute, which is pending class certification proceedings.
  • Represented health and beauty products company and other defendants in a consumer class action alleging false advertising of a popular weight loss supplement. Plaintiffs asserted claims under California’s consumer protection laws on behalf of a nationwide class. Some of the claims were dismissed at the pleading stage, and the remainder of the case was dismissed on a motion for summary judgment.
  • Represented celebrity endorser and dietary supplement marketer in a consumer class action brought under California’s consumer protection statues relating to the advertising of a weight loss product. The most significant claims were dismissed on demurrer, resulting in plaintiff dismissing the remaining claims in the case.
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Professionals

Name Title Office Email
Partner Cleveland
Partner Columbus
Partner Cleveland
Partner New York
Partner Cleveland
Partner Columbus
Partner Washington, D.C.
Partner Columbus
Partner Cleveland
Partner New York
Counsel Cleveland
Partner Columbus
Partner Cleveland
Partner Cleveland

Experience

  • Representing international manufacturer of consumer goods in a multi-state consumer class action in which the plaintiffs allege that the company’s advertising and marketing of its probiotic supplement violates various state consumer protection laws. This case is being closely watched by the plaintiffs’ and defense bars to determine how closely federal judges will draw the line between Federal Trade Commission's (FTC) exclusive enforcement authority for inadequate substantiation of advertising claims and private actions for false advertising, which are being used by private plaintiffs to try to make an end-run around the FTC’s exclusive enforcement authority.
  • Representing consumer products company in a consumer class action relating to its marketing and sale of two over-the-counter cold and flu remedies. After briefing, the client obtained dismissal of all the claims with prejudice. Following plaintiffs’ appeal, the Sixth Circuit Court of Appeals affirmed the dismissal of all but one claim under New Jersey’s consumer protection statute, which is pending class certification proceedings.
  • Represented health and beauty products company and other defendants in a consumer class action alleging false advertising of a popular weight loss supplement. Plaintiffs asserted claims under California’s consumer protection laws on behalf of a nationwide class. Some of the claims were dismissed at the pleading stage and the remainder of the case was dismissed on a motion for summary judgment.
  • Represented celebrity endorser and dietary supplement marketer in a consumer class action brought under California’s consumer protection statues relating to the advertising of a weight loss product. The most significant claims were dismissed on demurrer, resulting in plaintiff dismissing the remaining claims in the case.

Recognition

  • Law360: Class Action "Practice Group of the Year" (2014)
  • LA Daily Journal: Top Appellate Reversals of 2014
  • Chambers USA 2017: Two Attorneys Listed
    • Paul Karlsgodt
    • Daniel Warren
  • Best Lawyers in America® 2017: Seven Attorneys Listed
    • Rodger Eckelberry
    • Joe Ezzie
    • Mark Johnson
    • Richard Knoth
    • Jerry Linscott
    • George Tzanetopoulos
    • Dan Warren
  • Recognized as one of the top law firms for client service, we were named to the 2018 BTI Client Service 30 for the fourth consecutive year.
  • Corporate Counsel® magazine guide to in-house law departments: "Go-to Law Firm" for litigation

Publications

Alerts

Blog

In The Blogs

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Class Action Lawsuit Defense
The Top 10 Class-Action-Related Developments of 2017
January 10, 2018
2017 was a relatively quiet year for major class action news, especially in the Supreme Court, which addressed only a handful of cases that might have an impact on class actions and reached decisions only in a couple of those cases...
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Class Action Lawsuit Defense
Kentucky Federal Court Brushes Aside Pre-emptive Attack on Class Allegations in Phishing Case, Rejects Out-of-the-Box Defense Strategy
By David M. McMillan
December 28, 2017
Brushing aside apparent flaws in a proposed class definition, a federal court in Kentucky declined to dismiss class allegations against North Carolina-based pharmacy services provider Pharm-Save Inc. (Pharm-Save) stemming from a W-2...
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Class Action Lawsuit Defense
Seventh Circuit Ties Class Counsel’s Recovery of Attorneys’ Fees to Amount Claimed by Class, in Context of a Judgment
November 20, 2017
On November 14, 2017, the Seventh Circuit issued its third opinion ending a class action that was almost a decade old. Holtzman v. Turza, No. 17-2330, 2017 WL 5450484 (7th Cir. Nov. 14, 2017). The class action alleged that the defendant...
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Class Action Lawsuit Defense
TCPA Class Denied Certification Due to Binding Authority of Yaakov and Proof of Individualized Issues of Consent
November 13, 2017
A recent order from the Northern District of Illinois granted a defendant’s motion to deny class certification regarding “unsolicited” fax advertisements allegedly sent in violation of the Telephone Consumer Protection Act (TCPA). The...
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Class Action Lawsuit Defense
Eleventh Circuit Outlines the Key to an Individual Arbitration Agreement
By Gretchen L. Jewell
October 10, 2017
The Eleventh Circuit recently upheld an arbitration agreement in a consumer class action involving checking overdraft fees. In Johnson v. KeyBank N.A., 11th Cir. No. 15-10779 (Sept. 26, 2017), the plaintiffs brought a putative class action...
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