S.D.N.Y. · No. 7:26-cv-06741
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| Matter | Type | Practice area | Court | Date | Value |
|---|---|---|---|---|---|
| Bask & Lather Co.source ↗ filed by Michael Reese, Reese LLP · No. 7:26-cv-06741 · 28:1332fr Diversity-Fraud · view case timeline → Comparable settlements $90M–$586M ▾Consumer false-advertising claims split in comparables: Cetorelli affirmed CSPA liability while Guthrie and Citizens of Humanity affirmed defense wins on similar labeling/marketing theories. Small DTC defendant lacks the scale of Premier Nutrition/IM Mastery settlements, limiting settlement leverage. Comparable settlements $90M–$586M median $90M · n=10 Western Union $586M · Toyota Industries $436M · IM Mastery Academy $90M Per member (realized): ~$20 median · $20–$20 (n=1) Comparable verdict: Papaya $420M · Vital Pharmaceutical $293M Key precedent: Cetorelli v. Duell Action Builders - shows deceptive-practices claims can survive with treble damages if specific misrepresentations are proven, relevant given Bask & Lather's hair-growth marketing claims. Main risk: Individualized reliance/causation issues on marketing claims, as in Guthrie where class cert was denied for requiring member-specific inquiry. Rough EV model (wide — class size is the big unknown, not a prediction): $90K–$4.95M No prior litigation history for defendant; class size and revenue scale are inferred from limited web signals, not confirmed sales data. · grounded in 10 rulings, 10 settlements, 8 verdicts | Filing | False Advertising | S.D.N.Y. | 2026-08-06 | $90M–$586M comparable settlements |