Legal Question in Business Law in California

Hypothetical False Claims Situation

I'm not sure if I'm allowed to ask a question like this, but I'm writing a screenplay in which a character makes an unverified claim that a lotion he's selling can reverse the growth of tumors (among other things) and he's sued by a customer's family when the customer dies as a result of using the lotion instead of seeking medical treatment.

If my character, the defendant, did not have enough money to afford a lawyer - would the ruling go most likely in favor of the plaintiff? Also, if the character found out he was going to being sued and wanted to fly out of the country, approximately how long would he have until he would be blocked from doing so? If the ruling went in favor of the plaintiff and my character was in debt and couldn't pay the damages - what would happen to him?

Also - are there any criminal charges that could be brought against him for selling a basic body lotion, not printing an ingredients list on the bottle, and claiming that it can cure illnesses?


Asked on 11/15/08, 2:07 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Hypothetical False Claims Situation

1. Criminal charges could be brought by the FDA, FTC, or the state attorney general's office.

2. Defendants in civil lawsuits who don't have lawyers or insurance usually lose. Nothing will happen if they don't pay, a defendant could go bankrupt and avoid the judgment. No law restricts travel by defendants in civil lawsuits.

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Answered on 11/15/08, 3:58 pm


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