Elisa H. Baca

FALSE ADVERTISING CLASS ACTION LITIGATION

• Defended a pet food manufacturer facing 17 related class action lawsuits around the country, alleging that certain product packaging statements were false or misleading, and that the presence of heavy metals and BPA in the food violated consumer protection statutes, among other claims. As the primary brief writer on each case, she won three motions to dismiss in full, prevailed on summary judgment in four other related cases, and obtained the denial of class certification in two additional cases. Opinions have been affirmed by the Second, Seventh, Eighth, Ninth, and Tenth Circuit Courts of Appeal.
• Secured dismissal of complaint filed against a manufacturer of Mexican-styled popsicles known as ‘paletas’ in class action lawsuit alleging product packaging deceptively advertised the origin of the product in violation of Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) and Florida's false advertising law.  
• Defended pet food manufacturer advertising the use of “wild-caught” fish and “free-run” poultry as ingredients in class action litigation alleging these descriptions were misleading and violated California consumer protection laws, among others. Elisa led oral argument before the Northern District of California and secured partial dismissal, followed by a favorable settlement.

• Defending chocolatier in putative class action alleging “100% Real Chocolate” statement on the label was false advertising in light of listed ingredients.

• Defending multinational confectionery company in putative class action alleging company website made false and misleading statements in violation of California consumer protection laws because its bubble gum tested positive for organic fluorine, which can be indicative of the chemicals known as PFAS.

CONSUMER PRODUCTS CLASS ACTION LITIGATION

• Defending luxury German automobile manufacturer and U.S. distributor and warrantor in several putative class action lawsuits alleging defects in component parts of the vehicles are in breach of express and implied warranties, and constitute fraud, unjust enrichment, and unfair and deceptive trade practices.
• Obtained a dismissal with prejudice for air conditioning manufacturer in a putative class action lawsuit alleging product defects and asserting warranty breaches and violation of consumer protection laws, including FDUTPA.
• Defended manufacturer of water heater connector products in putative nationwide class action lawsuit alleging failure to warn, design defects, breach of warranty, and unjust enrichment.
• Defended deodorant and antiperspirant manufacturer in putative nationwide class action lawsuit alleging that the presence of benzene in their aerosol products was a violation of consumer protection statutes, fraud, breach of warranty, and unjust enrichment.

COMMERCIAL AND BUSINESS LITIGATION

• Primary brief writer securing summary judgment for a Fortune 50 software company in a US$43B lawsuit involving alleged false advertising under the Lanham Act. Opinion was affirmed by the Eleventh Circuit Court of Appeals.
• Obtained dismissal for fashion designer in alleged tortious interference lawsuit.

• Defending international rental car agency in false arrest litigation and commercial disputes involving breach of contract.

• Defended international brewer and its subsidiaries in lawsuit alleging deceptive and unfair trade practices, unfair competition, and tortious interference, among other things.

• Defended international superyacht and architectural glass manufacturer in dispute with its supplier involving breaches of implied warranty.

• Provided defense counsel and consulting to retailers, restaurateurs, commercial landlords, and others in putative class action lawsuits alleging violations of Title III of the ADA due to the inaccessibility of their stores, restaurants, and shopping centers, or due to the inaccessibility of their websites and mobile apps.