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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!