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Arnstein & Lehr Attorneys Win Rare Dismissal of Class-Action Lawsuit Against Beverage Company

Arnstein & Lehr attorney Joel B. Rothman

Joel B. Rothman

Arnstein & Lehr attorney Harley Storrings

Harley Storrings

Arnstein & Lehr attorneys won a rare dismissal of a class-action lawsuit filed in California against Celsius Holdings, a Boca Raton-based maker of functional beverages for health conscious consumers.

California courts are usually kind to class-action lawsuits, but a state court judge granted Arnstein & Lehr partner Joel Rothman’s motion to toss out three claims brought under California Legal Remedies Act and the state’s business and professions code for false and misleading advertising.

“We shut down the plaintiff’s class action litigation by showing that the plaintiff did not have standing to pursue a case against Celsius,” Rothman said. “It’s a big win in a state that’s known as a haven for class-action lawsuits.”

The plaintiff claimed on behalf of himself and others that when he drank Celsius he did not burn up to 100 calories or more per serving, as advertised. Rothman, co-chair of Arnstein & Lehr’s new Food, Beverage, and Nutrition Practice Group, argued that the plaintiff lacked necessary evidence to show that he did not burn calories or lose weight as a result of drinking Celsius.

Judge Terry A. Green agreed, and granted Rothman’s motion for summary judgment. Rothman was assisted by Arnstein & Lehr associate Harley Storrings, and Los Angeles counsel George Newhouse and Sydney Mehringer of Brown, White & Newhouse.

Rothman previously defended Celsius before the National Advertising Division of the Better Business Bureau, a voluntary self-regulatory organization that reviews claims in national advertising. NAD made an inquiry about the claims for Celsius that the beverage helped burn calories, and the result was positive for the product and the company.