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Consumer Law
False Advertising
Health Benefit Claims

Crystle Wong v. Alacer Corp.

Published: Feb. 15, 2014 | Result Date: Dec. 12, 2013 | Filing Date: Jan. 1, 1900 |

Case number: CGC-12-519221 Settlement –  $6,450,000

Court

San Francisco Superior


Attorneys

Plaintiff

Patrick J. Sheehan

Michael R. Reese

Jeffrey A. Leon


Defendant

Melissa D. Ingalls

Allison W. Buchner

Robyn E. Bladow
(Kirkland & Ellis LLP)


Facts

Crystle Wong filed a putative class action against Alacer Corp., based on its product "Emergen-C." Alacer manufactures and sells Emergen-C.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs argued that Alacer deceptively marketed Emergen-C, claiming that it boosted and supported a user's immune system. However, plaintiffs asserted that these health benefits were false and unsupported.

Plaintiffs asserted causes of action for unjust enrichment, violation of California's Unfair Competition Law, violation of California's False Advertising Law, and violation of California's Consumers Legal Remedies Act.

DEFENDANT'S CONTENTIONS:
Defendants denied plaintiffs' assertions, and contended that none of its claims related to Emergen-C products have been misleading or untrue.

Result

The court preliminarily approved a settlement totaling $6.45 million.


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