Class Action Defense - Consumer - False Advertising

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.

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.