False Advertising Consumer Class Actions on the Rise

False advertising class actions are sweeping the nation. Airborne® agreed in March to pay $23.3 million to settle a class action based on its claims that it was a "miracle cure for the common cold." Apple Computer recently settled a false advertising lawsuit over some of its notebook computers.

Comcast and Dannon face similar suits challenging representations the companies have made about their products. Class certifications have already been approved in false advertising cases against Microsoft and Sears.

The plaintiffs' biggest challenge in obtaining certification is proving they relied on deceptive advertising statements in deciding to purchase the product. Issues concerning burden of proof and causation are also challenges in false advertising class actions.

Listen as our panel of class action attorneys — both plaintiff and defense side — discusses current false advertising class action lawsuits and settlements and strategies for prevailing in false advertising class actions.

The panel includes:

Hugh Latimer, Partner, Wiley Rein, Washington, D.C. He defends consumer product companies in complex litigation involving advertising, sweepstakes, trademark and other commercial law issues. He writes and speaks frequently on false advertising issues.

Melissa Harnett, Partner, Wasserman Comden & Casselman, Tarzana, Calif. She represents consumers and employees in class action litigation. She was an attorney for the plaintiffs in the recent Airborne false advertising settlement.

Lawrence I. Weinstein, Partner, Proskauer Rose, New York. He is Co-Chair of the firm's Trademark and False Advertising Practice Group. He has served as lead trial lawyer in false advertising cases for major U.S. consumer products companies for nearly 20 years.

The panel reviewed these and other key questions:

• What strategies have served plaintiffs' counsel well in pursuing false advertising class actions?
• How might defense counsel best defeat certification in false advertising cases?
• What settlement strategies have been most successful in false advertising cases?
• How can companies best manage the negative publicity surrounding false advertising claims?

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