Jasmine Wetherell was quoted in “Joint Juice’s Premier Nutrition Hit With Judgment Over Deceptive Advertising,” an article in Natural Products Insider,* regarding a jury verdict and court judgment against Joint Juice's Premier Nutrition, underscoring the risks facing advertisers of dietary supplements stemming from class action lawsuits.

Plaintiffs in consumer class actions “have long used New York’s GBL 349 and 350 to strongarm companies into large settlements far in excess of any alleged damages,” Jasmine Wetherell, a lawyer in Los Angeles with the law firm Perkins Coie LLP, said. “Judge Seeborg’s decision provides some measure of relief but does not go far enough.”

“Significantly, the court’s decision recognizes that these statutory damages statutes were never intended to apply to class actions (and the law so states) and can create immense punitive consequences that are completely out of proportion to any harm suffered by the consumers,” added Jasmine. “This is especially the case in alleged false advertising class actions involving low-cost products. It is particularly significant that the court reduced the statutory damages on due process grounds, providing a check on potentially astronomical statutory damages awards.”

Read the full article on Natural Products Insider.*

*Subscription-based publication