Arnold & Porter recently achieved a defense judgment for a well-known online retailer that specializes in dietary supplements and health products in a case with important implications for retailers that rely on BOGO ("Buy One For $X, Get One Free") offers.
Eight years ago, plaintiffs filed a putative class action in California alleging that the client's BOGO offers were false and misleading. Over the years, the Arnold & Porter team secured a series of victories that substantially narrowed the case. However, the U.S. District Court for the Northern District of California certified a California class for injunctive relief. The client resolved to take the case to trial, with the Arnold & Porter team defending the company in the rare context of a certified class action trial.
In late December 2024, Judge James Donato ruled in favor of the client, concluding that plaintiffs failed to prove the client had engaged in false advertising or other deceptive practices.
The Arnold & Porter team included partners Jamie Speyer and Alex Beroukhim, senior associates Hannah Coleman and Ernesto Hernández, and associate Owen Connolly.