Dr. Jesse David Discusses False Ads in Food Labeling Cases in Law360


Dr. Jesse David, a partner at Edgeworth, gives an economic perspective of food labeling cases by discussing the “predominance” requirement for class certification. He explains that to understand the impact of the value of false advertising, one must perform a fact-intensive economic inquiry. He adds that economists should ask many questions including if the consumer was aware of the false claim, if the consumer was misled by the false claim and if the false claim was the reason the customer purchased the item.

Dr. David concludes by saying that while other types of class actions, like antitrust and employment cases, are requiring more detailed analyses of economic data at the class certification stage, the same may may not yet be true for false ad cases.

Read Dr. David’s full article from Law360 here.

To learn more about food labeling class actions register now for the next EDGEWORTH FORUM Webinar Series: Food Labeling Class Actions: Economic and Legal Perspectives on the Rule 23 Predominance Requirement. The webinar, which will be from 3-4 pm EST on June 25, will feature Dr. David and Mr. Charles Sipos, a partner at Perkins Coie. They will analyze the predominance requirement of Rule 23 from both economic and legal perspectives.


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