Kwaak et al v. Pfizer Inc.
In this matter in the Superior Court of the Commonwealth of Massachusetts, a class of consumers sued Pfizer Inc. over allegations that Pfizer made false and misleading statements about its mouthwash product Listerine. Specifically, plaintiffs allege that the statement that Listerine is "as effective as flossing" is false and misleading, resulting in plaintiffs purchasing Listerine instead of dental floss.
Kaye Scholer, counsel for Pfizer, retained Analysis Group to assess class certification issues related to plaintiffs' claim. Managing Principal Alan White led a team supporting Professor Ernst Berndt in his assessment of class certification for a proposed class of purchasers of Listerine in Massachusetts. Professor Berndt argued that different consumers purchased Listerine for different reasons and were affected in different ways by Pfizer's advertising of Listerine. The class of consumers was ultimately decertified.