Examining Subjective Damages In The Class Action Context

By Christopher Essig and Adrianne Rosenbluth (June 29, 2017, 12:20 PM EDT) -- In a recent lawsuit, a putative class action was filed against Nature's Way Products LLC.[1] At the heart of the complaint was Nature's Way's representation that its product, Alive! Women's Energy Supplements, was "Made in the U.S."[2] However, the supplement contained an ingredient that was manufactured outside of the United States.[3] Among the class claims was a consumer fraud allegation, stating that there was a common value across the class for purchasing a product manufactured in the United States.[4] Despite Nature's Way's argument that the class had failed to show an actual injury, the court found that the plaintiffs' allegation that the class paid more than the product was actually worth and would not have bought the product had they known it contained foreign-source ingredients was sufficient to allege actual harm.[5]...

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