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Class Certification and Common Class Wide Impact

Background

A consumer healthcare products company was alleged to have misrepresented certain medical and health benefits of over-the-counter multivitamin products, causing alleged overpayment of those products by consumers. Plaintiffs in the case sought to certify a class of affected consumers and initiate class action recovery of class-wide economic damages.


Our Analysis

Intensity was retained to determine an appropriate methodology for evaluating class certification, and to perform economic analysis related to alleged price premiums on products that were advertised with certain false claims. Intensity analyzed methodologies for determining damages and examined a proposed methodology based on product sales data and consumer demographics. As part of our work, we evaluated the reliability of available data related to prices paid by consumers. In addition, Intensity performed an analysis of damages to the class resulting from the alleged misconduct and estimated those damages using product sales, pricing, and profitability.

Economic issues included class certification, price premiums, common class-wide impact, unfair competition, and false advertising.