It's On Plaintiffs To Prove No Scientific Substantiation

By Brett Taylor and Amy Alderfer (September 20, 2017, 1:17 PM EDT) -- Often when we think of product liability, we think of a product that doesn't function as intended and causes some sort of damage, resulting in warning, design and/or manufacturing defect claims. However, another important aspect is advertising. The purpose of this article is to focus on one very important aspect of the false advertising case: scientific substantiation.

Historically, plaintiffs rest false advertising claims upon allegations that marketing claims are unsubstantiated and not supported by reliable scientific evidence. A recent trend however, as demonstrated by two decisions out of California, suggests courts may not recognize a private right of action for false...

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