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
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
Federal Authorities Continue to Monitor Proposed Class Action Settlements
By Douglas A. Vonderhaar
April 18, 2018
Officials at the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) continue to scrutinize class settlements to ensure that neither defendants nor class action counsel are improperly benefiting at the expense of class...
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Class Action Lawsuit Defense
D.C. Circuit vacates FCC's definition of ATDS but upholds consent-revocation rule in ACA International v. Federal Communications Commission
By Sam Camardo
March 29, 2018
In 2015, the FTC issued an order that addressed certain aspects of the Telephone Consumer Protection Act. Congress enacted the TCPA in 1991 to address perceived abuses of telephone equipment that allowed entities to autodial consumers’...
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Class Action Lawsuit Defense
Supremes Hold SLUSA Is Clear – 33 Act Class Claims Stay in State Court
By Cody S. Wigington
March 22, 2018
Yesterday, the United States Supreme Court, in a unanimous decision, handed class action plaintiffs a victory by holding that the Securities Litigation Uniform Standards Act of 1998 (SLUSA) allows them to pursue alleged violations of the...
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Class Action Lawsuit Defense
Ninth Circuit Vacates Final Approval of National Settlement Class Action Certification
March 5, 2018
Last month, the Ninth Circuit vacated the certification of a nationwide class for settlement in the In re Hyundai & Kia Fuel Economy Litigation, No. 15-56014, 881 F.3d 679 (9th Cir. Jan. 23, 2018). The Ninth Circuit concluded that the...
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Class Action Lawsuit Defense
The Fourth Circuit Refuses to Enforce Arbitration Clause and Class Action Waiver in Employment Contracts
February 21, 2018
As we have previously written, several Supreme Court decisions have upheld, in various contexts, arbitration agreements that waive the right to assert claims on a class basis. See, e.g., AT&T Mobility LLC v. Concepcion, 563 U.S. 333...
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