Why False Advertising Claims Need To Be More Specific

Law360, New York (December 4, 2015, 1:14 PM EST) -- Matthew G. Ball

Molly K. McGinley

Matthew A. Alvis Consumer class action plaintiffs often bring statutory claims asserting that various products fail to fulfill the promise of their advertising. Nearly as often, plaintiffs bring such cases without having hard evidence that a defendant's advertising is actually false, prompting defendants to argue that the claims are actually disguised "lack of substantiation" claims that fail under the consumer protection laws of most states. To get around such "lack of substantiation" case law, and thus survive the pleading stage, plaintiffs in recent years have gotten increasingly creative in pleading their claims.

A recent jury...

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