Avoiding Certification of False Advertising Classes: Building Defense Strategies Based on the Advertising Funnel

This CLE webinar will discuss how class action defense counsel can create and execute a defense strategy that leverages the advertising process itself to defeat class certification of false advertising claims by showing that individual issues predominate and that a proposed class consists of too many potentially uninjured members.

False advertising class action suits present certification challenges because state statutes generally require proof that the class as a whole relied on the allegedly false advertising of the defendants, and whether someone relied on particular advertising is usually a highly individualized issue. Even if applicable law does not require reliance, however, plaintiffs must still establish that the alleged false promotion caused classwide damages. 

Advertising depends on triggering a well-recognized and well-documented series of interactions between the product and the potential purchaser, leading to a buying decision. Plaintiffs need to show, using classwide evidence, that the class proceeded through each stage and then experienced the alleged damages. Defendants, then, will want to show that plaintiffs are unable to meet their burden by showing that the advertising process dictates individualized proof. Defense strategy for each phase of the case should be designed to show these individualized inquiries. 

Listen as the panel of class action defense counsel offers practical implications for litigating false advertising class actions and preventing certification.