AMS survey shows lack of materiality in allegedly deceptive claims against medical scrubs manufacturer using multiple survey methodologies

In a recent trial (Strategic Partners, Inc. v. FIGS, Inc., Catherine (“Trina”) Spear, Heather Hasson; Case No. 2:19-cv-02286-JWH-KS (C.D. Cal.)) that resulted in the California jury ruling entirely in favor of medical scrubs maker FIGS Inc., Applied Marketing Science, Inc. (AMS)-affiliated expert Dr. Stephen Nowlis provided affirmative survey evidence and testimony on behalf of FIGS. Dr. Nowlis found that FIGS’ advertising claims about SPI’s medical scrubs and charitable efforts were neither false nor misleading and that SPI’s allegations were likely immaterial to FIGS’ relevant consumers. Dr. Nowlis testified that he tested the claims at issue using three different methodologies. All of these approaches confirmed the same finding: namely, that the allegedly deceptive statements did not impact the likelihood that consumers would purchase FIGS medical apparel, and thus were likely not material to consumers. AMS Principal and Survey Expert Brian Sowers also provided survey rebuttal evidence, refuting as unreliable the surveys proffered by SPI’s expert. FIGS was represented by Munger, Tolles & Olson LLP and Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C.