This case involves a company that sells healthy, low-calorie snacks marketed as immunity-boosting and memory-improving. Consumers have discovered that these products do not live up to their advertising claims, and accuse the company of misleading consumers about the product’s properties. A forensic economist was sought to opine on the damages incurred by consumer class for buying these products.
Question(s) For Expert Witness
- 1. Have you ever advised on a false advertising case such as this? If so, please describe.
Expert Witness Response E-154292
This seems like an interesting case from an economic damages perspective. The economic damage suffered by a consumer could be anywhere from the purchase price of the snack, to any additional costs associated with medical/physical issues caused by reliance on the snack and any unintended complications, such as hospitalization, urgent care, sickness, etc. I have testified in various fraud cases and can link actions, facts, numbers, and people into a narrative to explain why something could be considered as fraudulent vs. simply a mistake or error. Taking deep dives into both motivation and rationalization as seen through the fraud triangle is one way to view such cases. In all of the cases in which I have been named and accepted as an expert in fraud examination or the calculation of damages, I have presented my findings using investigative techniques and modeling.