Joel B. Rothman
Arnstein & Lehr West Palm Beach Partner Joel B. Rothman was interviewed by Nutraceuticals World magazine in their July 6 issue. In the article, titled “Interview with Joel Rothman,” Mr. Rothman is asked about several work and personal matters, including our firm’s core values, his thoughts on the supplement industry, and his favorite part of flying.
To read the article in full, click here.
Joel B. Rothman
West Palm Beach Partner Joel B. Rothman was a guest lecturer on April 12 at Northwestern University’s Medill School of Journalism, Media and Integrated Marketing Communications masters degree program. Mr. Rothman spoke to two sections of a graduate class entitled “Law, Policy & Media” and addressed topics on advertising law, claim substantiation, unfair/deceptive practices, and intellectual property issues. Northwestern’s Medill program in Integrated Marketing Communications is an innovative program whose graduates occupy positions at advertising and marketing firms worldwide, as well as in marketing departments at Fortune 500 companies and start-up businesses.
Joel B. Rothman
I have an article published in this month’s Nutritional Outlook that discusses our recent big win for energy drink maker Celsius in a class action filed against it in California state court.
My article discusses class actions challenging advertising and labeling claims for dietary supplements and food products in which companies are accused of making product claims that are unfair or misleading to a large group of consumers. I note that in these cases consumer experiences with a product and its claims may differ greatly and, as a result, individual lawsuits, instead of class actions, may be more appropriate.
I argue in favor of an individualized approach to cases over deceptive claims. In Celsius, the court recognized that this plaintiff could never prove whether the Celsius supplement product’s performance claims are true or not. Since this was an essential element of his claim, he lacked standing to show how he was damaged, and the class action case was dismissed.
As I have said elsewhere, I believe that we are seeing the beginning of a trend toward more individualized treatment of cases involving deceptive claims, and away from class actions. The defense strategy companies adopt is critical and must focus the court on the plaintiff’s proof.
To read the decision in Fletcher v. Celsius, click here.
