Civil Litigation
Jun. 12, 2019
Clearing the hurdle: Classwide proof in false advertising class actions
In the world of false advertising claims, the all-important question is this: Can the putative class offer some model that demonstrates that a particular advertisement or label has uniformly misled a group of consumers in a way that damages can be reliably calculated?
Robert D. Phillips Jr.
Alston & Bird LLP
560 Mission St Fl 21
San Francisco , CA 94105
Phone: (415) 243-1080
Fax: (415) 243-1001
Email: bo.phillips@alston.com
Bo is a partner in the firm's Litigation & Trial Practice Group.
Ethan Bond
Associate
Alston & Bird LLP
Email: ethan.bond@alston.com
Ethan is an associate in the firm's Litigation & Trial Practice Group.
Every putative class seeking certification must demonstrate that questions common to the class predominate over individual issues. This means that the putative class must be able to show that damages exist on a classwide basis. In the world of false advertising claims, the all-important question is this: Can the putative class offer some model that demonstrates that a particular advertisement or label has uniformly misled a group of consumers in a way that damages can...
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