False Advertising

Overview

Edgeworth experts provide rigorous economic analysis and litigation support for false advertising and mislabeling cases, including class actions.

Consumer class actions alleging false advertising have proliferated in recent years, particularly in the area of food labeling and pharmaceutical packaging. These cases more frequently require sophisticated analyses of retail sales data, consumer surveys, or corporate financials. Edgeworth economists analyze damages and class certification issues in false advertising litigation using data-driven methods and sound analytical approaches. 

In the context of class actions, our experts:

  • Analyze questions regarding liability and class-wide damages models
  • Advise on the commonality and predominance issues arising under Rule 23
  • Testify in single-plaintiff corporate disputes involving claims of false advertising, misleading labeling, or other related claims.

Edgeworth experts have extensive experience as both testifying and consulting economists in false advertising matters in state and federal courts, including:

  • Analysis of consumer and competitor damages in matters related to food labeling, pharmaceutical packaging, and consumer products
  • Development and critique of damages approaches, including lost profits, unjust enrichment, and consumer harm measures like “benefit of the bargain”
  • Analysis of point-of-sale data, natural experiments, and consumer surveys
  • Integration of a variety of types of data, including retail scanner data, company transaction databases, and corporate financials

Case Experience

Case Experience

Insights & News

Publications

  • Published Article, Law360 | 04.12.2022

    Over the past decade, there has been a notable increase in the number of class actions brought against manufacturers of food and consumer packaged goods, specifically with respect to allegations of false claims in advertising and product labeling. In such cases, plaintiffs typically allege that consumers were harmed because they paid higher prices than they would have paid had they possessed complete information.

  • Published Article, Bloomberg Law | 09.25.2020

    In this article, Sushrut Jain explores the significant hurdle plaintiffs seeking tuition refunds will face at the class certification stage of proving that a formulaic method exists to determine damages without the need for individualized inquiry.

  • Law360 | 06.08.2015

    Sushrut Jain discusses recent trends in consumer class actions brought against manufacturers of retail food products, including the proposition of using hedonic price analyses. 

  • Law360 | 05.30.2013

    Dr. Jesse David gives an economic perspective of food labeling cases by discussing the “predominance” requirement for class certification.

Speaking Engagements

News

Practice Contacts

Experts

False Advertising Class Certification

Edgeworth Partner Dr. Jesse David provided expert testimony in the class certification stage of a false advertising litigation regarding food labeling.

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