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Expert Analysis

The Narrowing Of Damages Claims In Advertising Cases

By Timothy Snail (June 28, 2018, 12:10 PM EDT) -- Over the past few years, alleged false advertising of consumer products has been one of the most active areas in class action litigation. Plaintiffs in these matters have asserted a wide range of damages theories, but since most of these matters have concluded before the courts could offer an opinion on damages it is often unclear which damages theories are viable. A recent Ninth Circuit decision, Chowning et al. v. Kohl's Department Stores Inc. et al., clarifies the issue, which has previously split the California district courts: The available remedies are substantially narrower than those that are often asserted.[1][2]...

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