Dino Rikos v. The Procter & Gamble Co.

I concur in the lead opinion and have this to add. As I read Plaintiffs’ false-advertising claims, they are predicated on the proposition that Align has no digestive health benefits to anyone, and that there is no reason to purchase Align other than for its promised digestive health benefits. On return to the district court, given the disagreements between the lead opinion and dissent, I believe the district judge, before proceeding further, should consider bifurcation under Fed. R. Civ. P. 42(b) the issue of the digestive health benefits of Align. If, as Plaintiffs claim, there is no…