The plaintiffs filed a class action on behalf of California consumers alleging that the defendant falsely advertised its Elations Daily Joint Supplemental Drink, with the active ingredients glucosamine and chondroitin, as “clinically proven” to improve joint health. Specifically, Elations allegedly claimed that these ingredients formed a “clinically proven combination” and “clinically proven formula” for improved joint health. However, according to the plaintiffs, no clinical proof of these claims existed and Elation’s own studies confirmed that their drink did not produce the claimed benefits.
Econ One was retained by counsel for the plaintiff class to quantify damages to consumers attributable to the defendant’s false claims. David Sharp submitted two expert reports and an affidavit utilizing hedonic regression methodology in order to calculate class-wide damages based on the price premium that consumers paid that was associated with the defendant’s product claim. Dr. Sharp also provided testimony at two depositions. After his testimony withstood a Daubert challenge, the parties reached a settlement prior to trial.