In a recent false advertising matter (Guardant Health, Inc. v Natera, Inc., Case No. 3:21-cv-04062 (N.D. Cal.)), Applied Marketing Science, Inc. (AMS) provided survey evidence on behalf of Guardant Health, Inc. (“Guardant Health”), a leading oncology company, to assess allegations of false advertising, specifically related to a competing cancer diagnostic test produced by Natera, Inc. (“Natera”).
The survey of oncologists and cancer surgeons demonstrated that a majority of relevant consumers took away a belief from Natera’s advertising that their test is superior to Guardant Health’s test, with a jury concluding that Defendant’s false advertisements deceived or have the tendency to deceive a substantial segment of customers.
A California jury unanimously awarded Guardant Health a $292.5 million verdict for false advertising and unfair competition stemming from statements Natera made about the performance of Guardant Health’s oncology test. The decision marks one of the largest Lanham Act false advertising damages awards in history and a significant win for AMS’s client.
AMS Principal Brian M. Sowers served as testifying survey expert on behalf of Guardant Health, represented by A&O Shearman and Keller Anderle Scolnick LLP.