False Advertising Damages

We were retained by a producer of branded nutritional supplements that was accused of collecting a market price premium on its products due to alleged false claims appearing on the product label. Our expert testified that the plaintiff’s expert failed to describe a workable approach for determining damages associated with this price premium on a class-wide basis. We explained that the plaintiff’s proposed use of a conjoint analysis to assess the price premium was unworkable because conjoint survey data only take into account demand side factors whereas a price premium would be the product of both supply and demand factors. Brattle’s expert also explained that the plaintiff’s proposed use of a hedonic analysis was unworkable because the available data would not separately estimate the price premium.