Boiron Ducks Class Cert. In Suit Over Flu Remedy Label
By Andrew Scurria (February 28, 2014, 1:38 PM EST) -- A California federal judge shut down class certification efforts Thursday in a suit arguing that a $12 million consumer settlement with homeopathic medicine maker Boiron Inc. failed to alleviate false advertising surrounding its Oscillococcinum flu symptom remedy, saying the lead plaintiff lacked credibility on a critical issue.
U.S. District Judge Stephen V. Wilson determined that plaintiff Leonidas Jovel's erratic deposition testimony on whether he relied on the Oscillo product's labeling in his purchasing decision diminished his likelihood of prevailing on class action claims and rendered him an inadequate class representative under Rule 23(a)(4).
In his complaint, filed in Los Angeles state court...
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!