RIKOS v. PROCTER & GAMBLE CO.

No. 14-4088.

799 F.3d 497 (2015)

Dino RIKOS et al., Plaintiffs-Appellees, v. The PROCTER & GAMBLE COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 20, 2015.

Rehearing En Banc Denied September 29, 2015.


Attorney(s) appearing for the Case

ARGUED: Brian J. Murray , Jones Day, Chicago, Illinois, for Appellant. Timothy G. Blood , Blood Hurst & O'Reardon, San Diego, California, for Appellees. ON BRIEF: Brian J. Murray , Jones Day, Chicago, Illinois, D. Jeffrey Ireland , Faruki Ireland & Cox P.L.L., Cincinnati, Ohio, Joanne Lichtman , Baker & Hostetler LLP, Cleveland, Ohio, Chad A. Readler , Rachel Bloomekatz , Jones Day, Columbus, Ohio, for Appellant. Timothy G. Blood , Leslie E. Hurst , Thomas J. O'Reardon II , Blood Hurst & O'Reardon, San Diego, California, for Appellees.

MOORE, J., delivered the opinion of the court in which COHN, D.J., joined. COHN, D.J. (pg. 527), delivered a separate concurring opinion. COOK, J. (pp. 527-29), delivered a separate dissenting opinion.


OPINION

The named plaintiffs-appellees ("Plaintiffs") are three individuals who purchased Align, Procter & Gamble's ("P & G") probiotic nutritional supplement, and found that the product did not work as advertised — that is, it did not promote their digestive health. Plaintiffs subsequently...

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