In a significant decision, the Southern District of Ohio granted, in full, the defendant’s motion to strike class allegations in a consumer false advertising class action before any significant discovery had taken place or the plaintiffs filed a motion for class certification. Loreto v. The Procter & Gamble Company, No. 1:09-cv-815, 2013 U.S. Dist. LEXIS … Continue Reading
The Third Circuit Circuit’s recent decision in Carrera v. Bayer Corporation, No. 12-2621 (3d Cir. Aug. 21, 2013), could have a significant impact on false advertising class actions involving the purchase of consumer products such as dietary supplements, foods and beverages, and cosmetics, where consumers generally do not save receipts or packaging, and manufacturers do … Continue Reading
On May 10, 2013, Judge Thomas B. Russell of the Western District of Kentucky granted final approval of the $40 million settlement in In Re: Skechers Toning Shoe Products Liability Litigation, No. 3:11-md-02308, 2013 U.S. Dist. LEXIS 67441 (W.D. Ky.). The court also approved an award of $5 million in attorneys’ fees and costs. The … Continue Reading
In false advertising cases involving a wide range of consumer products, including dietary supplements and cosmetics, plaintiffs often allege that the manufacturer does not have adequate scientific “substantiation” for its advertising claims, rendering those claims false and misleading under state consumer protection laws. Over the past few years, a strong defense has emerged in these … Continue Reading
In a recent decision, In re Baby Products Antitrust Litigation, 2013 U.S. App. LEXIS 3379 (3d Cir. Feb. 19, 2013), the Third Circuit vacated the district court’s order approving a $35.5 million class action settlement which provided for the distribution of remaining settlement funds, after individual distributions were made to claimants and costs and attorneys’ … Continue Reading
In a number of recent district court decisions from across the country, courts have denied requests to certify nationwide or statewide classes in cases involving consumer products. These decisions could prove helpful in opposing class certification in other false advertising cases. Significantly, the courts in both Chow and In re Celexa & Lexapro read exposure/causation … Continue Reading
