Today, companies that advertise consumer products are at significant risk that they will be hauled into court by enterprising plaintiffs’ class action lawyers purporting to represent consumers who purchased products that allegedly did not perform as advertised. They assert that their clients would not have purchased the product but for the false or misleading advertising, and/or that the product was not worth the amount their clients paid for it, or, in certain jurisdictions, that their clients did not receive the full benefit of their bargain.
The range of products subject to this type of lawsuit is limited only by our imaginations. Class actions have been brought regarding energy drinks, yogurt, “all natural” food products, eye drops, diet soda, automobiles, “low tar” cigarettes, contraceptive devices and others. Recent news stories make it appear likely that we soon will see class actions regarding artificial sweeteners and liquid soap.
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