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Past Event
16 July 2012


  • Dale J. Giali
    T +1 213 229 9509

American Bar Association’s “Prior Substantiation” Doctrine and Private False Advertising Litigation: Recent Trends

12:30-1:30 PM EDT/9:30-10:30 AM PDT

Over the past few years, courts have addressed how the “prior substantiation” doctrine (the theory that an advertiser must possess substantiation supporting an advertising claim at the time that claim is made) fits in the context of private false advertising litigation and consumer class actions. Join our panel of experts who will offer their unique perspectives and discuss the origins of the prior substantiation doctrine, and its application in private litigation and recent decisions, including:

  • Franulovic v. Coca-Cola Co., 390 Fed. Appx. 125 (3d Cir. 2010);
  • Stanley v. Bayer Healthcare LLC, No. 11cv862, 2012 WL 1132920 (S.D. Cal. Apr. 3, 2012);
  • Chavez v. Nestlé USA, Inc., No. CV-09-9192-GW, 2011 WL 2150128 (C.D. Cal. May 19, 2011);
  • Rikos v. Procter & Gamble Corp., 782 F. Supp. 2d 522 (S.D. Ohio 2011);
  • Pelkey v. McNeil Consumer Healthcare, No. 10-61853, 2011 WL 677424 (S.D. Fla. Feb. 16, 2011);
  • Fraker v. Bayer Corp., No. 08-1564, 2009 WL 5865687 (E.D. Cal. Oct. 6, 2009); and
  • Nat’l Council Against Health Fraud, Inc. v. King Bio Pharms., Inc., 107 Cal. App. 4th 1336 (2003).

Speakers will include Dale Giali, Mayer Brown LLP

To register, please click here.

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