Procter & Gamble wins dismissal of California case by OTC medicine purchasers alleging false advertising and unfair competition
Clients Procter & Gamble Company, The
Jones Day defended The Procter & Gamble Distributing Company in a lawsuit alleging violations of California's false advertising and unfair competition laws with respect to an over-the-counter medication. Plaintiff sought certification of a class of all California purchasers of the medicine. After extensive briefing and argument, including supplemental briefing focused on Proposition 64's amendments to the false advertising and unfair competition laws, the court denied plaintiff's class certification motion, and plaintiff voluntarily dismissed the case.
Gaston v. Procter & Gamble Dist. Co., No. BC 31120 (L.A. Sup. Ct., filed Feb. 25, 2004)