Expert Opinion - False advertising claims

Stout was engaged by counsel for the defendant in a false advertising case to rebut damages claims involving baby care products. In particular, we were asked to rebut plaintiff’s computations of claimed lost profits as well as plaintiff’s computations of defendant’s profits attributable to the alleged false claims. As part of our analysis, we were asked to evaluate how, if at all, consumers were exposed to the alleged false claims and how, if at all, exposure to those claims impacted consumer purchase decisions. We were also asked to identify and evaluate other factors considered by consumers in making their purchase decisions.