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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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

  • Chambers USA: Litigation
    • Litigation: General Commercial (Ohio) – Band 2 (2020)
    • Litigation: General Commercial (Colorado) – Recognized (2019)
    • Retail: National – Band 3 (2020)
  • Law360: Class Action "Practice Group of the Year" (2014)
  • LA Daily Journal: Top Appellate Reversals of 2014
  • Corporate Counsel® magazine guide to in-house law departments: "Go-to Law Firm" for litigation.
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.

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