| In Genomma Trial SDNY Judge
Daniels Uses Car Sales Analogy and Excludes
Animal Cruelty Charges
By Matthew
Russell Lee, Patreon
Honduras
- The
Source - The
Root - etc
SDNY COURTHOUSE,
Nov 12 – It was five
years ago that Genomma, which
sells pharmaceutical, personal
care and cosmetic products
aimed at Spanish-speaking
consumers, sued Venus American
Corporation for inflating
advertising invoices.
On October
24 as U.S. District Court for
the Southern District of New
York Judge George B. Daniels
prepared the parties for a
trial beginning November 12,
he made an analogy and a
ruling.
He said, "If I
tell you that I'm going to see
you my car for $100 and I'm
selling cars and everybody
else I sell a car to I sell it
to them for $50, that might be
relevant in determining what
we legitimately agreed upon
and what was reasonable in
terms of our transaction."
And he ruled
inadmissible at trial an
animal cruelty charge.
Plaintiff's lawyer Jack A.
Gordon tried one last
argument: "Beautiful Arabian
horses that were horrible
misused and
mistreated."
Judge Daniels
shot back, "You can give a
donation to your favorite
charity if you like... I see
no relevance or probative
value or impeachment value to
an animal cruelty charge. It's
not likely I'm going to give
you that one."
On November 13
when Inner City Press checked
in on the trial, talk had
turned to former Genomma CEO
Max Juda, who was replaced in
2018 by Jorge Brake, and of
whom Expansion wrote, "What
did not reduce was the
investment in advertising,
says Juda. Genomma is one of
the three largest advertisers
of Televisa... Genomma already
sells 100 million dollars in
that market, through the
largest chains, such as
Walmart and Walgreens. The key
was, again, mass
advertising. When
Genomma arrived in the United
States in 2010, Juda, who led
the mission, refused to follow
the advice of advertising
agencies, which recommended
transmitting their commercials
in the six or 10 cities with
most of their potential
market, the Hispanic . "But
nobody knows that in New
Jersey there are 17% of
Hispanics, for example," says
Juda. The companies had
neglected several states."
And now this trial. The case
is Genomma Lab USA, Inc.
v. Venus America Corporation,
14-cv-5831 (Daniels).
***
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