Daily Journal Selects Covington Defense of P&G as 2023 Top Verdict

SAN FRANCISCO— The Daily Journal has selected Covington’s successful defense of The Procter & Gamble Company, in Amado v. The Procter & Gamble Co., as one of its 2023 Top Verdicts, recognizing the largest and most significant verdicts in California in 2023.

The Covington team was led by Cortlin Lannin and secured for P&G dismissal of a false advertising class action. The decision will have important and helpful implications for companies that confront false advertising cases targeting products that are subject to federal regulation. Although preemption is usually decided on summary judgment, Covington persuaded the court that plaintiffs' claims are preempted because the challenged statements are permissible “structure/function" claims under the Food, Drug, and Cosmetic Act. To Covington’s knowledge, this is the first time a court found challenges to “structure/function” claims preempted on a motion-to-dismiss posture.

The Covington team also included Amy Heath and Devon Schulz.