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
Insights & News
- 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.
- Event, 11.30.2017
In this CLE webinar, Dr. Jesse David and his fellow panelists will review the Comcast Corp. v. Behrend decision and the requirement that plaintiffs demonstrate predominance that must measure only those damages connected to the plaintiffs’ theory of liability.
- Event, 01.25.2017
In this live webcast, Dr. Jesse David will speak on a panel discussing recent trends in the use of survey evidence in advertising cases.
- Event, 03.17.2016
CLE International will host its inaugural two-day Food Law Conference in Washington, DC. Principal Consultant Sushrut Jain will participate in a panel discussion on food law class actions and damages valuations.
- News, 05.21.2014
Dr. Jesse David spoke at the “Challenges Facing the Food and Beverage Industries in Complex Consumer Litigations” Conference.
- News, 02.18.2014
Dr. Jesse David will be a panelist in an ABA Antitrust Section program on the legal and economic arguments behind Abraham & Veneklasen Joint Venture, et al. v. American Quarter Horse Association, et al.
- Press Release, 09.16.2013
Dr. Jesse David has analyzed recent trends in food labeling class action litigation.
- News, 05.31.2013
Dr. Jesse David discusses the “predominance” requirement for class certification in Law360.