CRA was retained to assess claims of “healthy antioxidants” associated with consumer products. CRA examined manufacturer pricing data and industry practice with respect to whether such claims affected prices or sales. CRA exploited variation in labeling across products and over time to examine Plaintiffs’ allegations and proposed methods to compute consumer harm.
Calculating damages in IEEPA tariff refund litigation
But it did not resolve a harder question: Who bore their economic cost? That distinction is now driving two parallel waves of private litigation: commercial...