Director Edward Krakauer of Fort Lauderdale secured a motion for summary judgment win on a Florida Deceptive and Unfair Trade Practices Act case in Hillsborough County. With another result in product liability and consumer law, Galloway strengthens its market-strength and tenacious advocacy for businesses operating in Florida.
Case Background
In this matter, the Plaintiff alleged a supplement company was lying about its products in an effort to deceive her into purchasing the product. This was based on the company’s reputation for being natural. However, the Plaintiff felt the products were not natural and that the company was hiding some facts about the efficacy of its supplements.
Krakauer and the Galloway team successfully argued to the Court that there was no evidence of deception or unconscionability on the part of the company. In fact, the company had advertised everything regarding the composition of the supplements on its website. Furthermore, the Court agreed with Galloway’s assertion that the Plaintiff’s arguments that the decrease in the company’s market partners and change in composition of its products were simply business decisions, and were not in any way meant to conceal a prior issue with the products. Plaintiff’s attempts to paint the company as a nefarious corporation seeking to take advantage of the consumer were also disregarded by the Court.
Ultimately, the case boiled down to what the Plaintiff must prove to prevail under a FDUTPA claim. The court agreed with Galloway’s interpretation of the law: the aggrieved consumer must show how the acts of a company were objectively meant to deceive the public, and not just the individual consumer based on her subjective beliefs of how she perceived what the company was doing.
With the ruling, Krakauer secured a win for companies facing claims that regular business practices meant to deceive individuals.
Galloway Representation in Product Cases
With familiarity in deceptive trade practices acts across our service area, Galloway is well positioned to defend businesses and their products. We represent manufacturers and distributors of products, devices, and equipment, who trust Firm attorneys in understanding the complexities and nuances of product cases.
Edward Krakauer is attuned to the scrutiny insurers face and focuses on positioning them to respond effectively and credibly. From the outset of a case, he moves with purpose and diligence, using focused discovery and strategic motion practice to keep matters progressing towards resolution.
Galloway secures another summary judgment win, further demonstrating our place as a champion of our clients.
