False Advertising

Overview

Our economists have extensive experience as testifying and consulting experts in matters that involve allegations related to product labeling, product packaging, manufacturer claims, or potential defects.  We have experience assessing claims of “price premium” damages based on analyses of market data as well as consumer surveys.  In the context of class actions, our experts analyze class-wide damage models and assess predominance issues that arise under Rule 23.  Our work is based on the analysis of a variety of types of data, including retail scanner data, company transactional databases, and simulation data based on conjoint surveys.        

Edgeworth experts have experience with cases involving numerous consumer protection laws including The Federal Trade Commission Act, The Lanham Act, The Federal Tort Claims Act, and numerous other federal and state regulations.

Case Highlights

Insights & News

Publications

  • Published Article, Law360 | 03.07.2024

    Sushrut Jain and Valentina Bernasconi discuss damages estimation in class action suits with allegations of excess "slack-fill" in the packaging of consumer goods.

  • Published Article, Law360 | 06.28.2023

    While the direct-selling world was awaiting U.S. District Judge Barbara Lynn's decision in Federal Trade Commission v. Neora LLC, in which the FTC alleged that Neora operated an illegal pyramid scheme, the FTC v. Noland case largely flew under the radar.

  • 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.

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