- Category
- Defining Matters
- Date
- Dec. 04, 2017
- Title
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Kramer Levin Defeats Motion for Class Certification in False Advertising Case Challenging Neutrogena Sunscreen Products
On Oct. 24, 2017, Kramer Levin secured a major victory for client Johnson & Johnson Consumer Inc., in a false advertising case brought under California’s Consumers Legal Remedies Act by consumers who sought to certify a multi-state class of purchasers alleging that they paid a premium for Neutrogena Pure & Free sunscreen products because statements on the product labels such as “naturally sourced sunscreen ingredients” misled them into believing that the entire products, as opposed to just those ingredients that protect users from the sun’s rays, are comprised of natural ingredients. Judge Stephen W. Wilson of the United States District Court for the Central District of California denied plaintiffs’ motion for class certification, agreeing with our arguments that plaintiffs are not entitled to a class-wide presumption of reliance and that plaintiffs’ damages model is incapable of calculating a class-wide price premium attributable to plaintiffs’ theory of liability under the Supreme Court’s decision in Comcast v. Behrend.
Related People
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Eileen M. Patt
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- Partner
- New York
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Michelle Ben-David
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- Special Counsel
- New York
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Ryan Gander
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- Associate
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