Pre-Purchase Exposure: Defeating Class Certification In False Advertising Cases

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Originally published in the Daily Journal, December 13, 2011.

How can defendants in California defeat class certification in class actions that allege false advertising under either the "fraudulent" prong of the unfair-compensation law or the Consumer Legal Remedies Act? There is at least one good way to do so, and that is by demonstrating variability of consumer exposure to the challenged advertising claim.

While there is a difference between the two statutes, both require the plaintiff to prove that the challenged advertising claim was likely to deceive consumers, and that the plaintiff actually relied on the truth of the claim in deciding to purchase the product.

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