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In Genomma Trial SDNY Judge Daniels Uses Car Sales Analogy and Excludes Animal Cruelty Charges

By Matthew Russell Lee, Patreon
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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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