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Hmm.......so My Pillow handed over $millions to litigants who had no proof???
They settled these lawsuits out of Court to avoid the negative publicity of a
trial that would further damage the brand.
Suggest you dismount your pretentious high-horse and wake up.
A million dollars is penny change to the breed of ambulance chasers that brought things like the tobacco lawsuit and the other "If you or a loved one ..." type suits that are advertising for class members on my teevee daily.
The attorneys will collect fees and expenses and such from every class member and by the time the settlement is done will be holding a huge share of that while participants who give up their individual right to sue will get checks for a pittance.
It is funny how one must be careful how you word things, but saying something helps this or that versus saying our customers say that "...whatever", is the difference between making claims the FDA or some greedy attorneys (or agencies) can charge and/or sue you for not being substantiated by the proper double blind studies by people with the correct letters after their names, peer reviewed, and just reporting the testimonials of happy customers.
There are little disclaimers on the back of vitamin bottles, even for ones we know to be essential to prevent diseases likel rickets ans scurvy, which state these are
supplements, ought to see your doctor, etc. in order to avoid just those sort of things. So, it isn't so much what you say as how you say it.
As for going to court against well funded firms half a country away, people who might be well versed in the fine are of expensing their bill into multiples of their charged hourly or day rates, the time honored method is to admit no guilt, have them sign an NDA, and settle far away from courts which are known for the sort of ridiculous jackpot rulings that encourage the very sort of legal predation we're discussing,
while rewriting ad copy to avoid making any direct claims of medical benefits. Funny how you can claim "you'll get the best sleep of your life", but you can't say back or neck pain will go away, because the latter can be construed as a claim of "medical benefit".
They didn't give the
litigants million
s, the attorneys ate most of that $million in contingency fees and expenses. But anyone who is an avowed Christian being sued in California courts better cut their losses and get out, or they'll likely end up baking cakes or facing a business killing judgement to be appealed (Lawyers 2, litigants 0) if the case goes to trial.
Court is a crapshoot, and right and wrong really don't matter there.
An awful lot gets settled just to get it out of the way and make costs known, rather than take the chance of going to trial.
