Introducing our new and improved Hot Tort Report
Being industry experts, we pride ourselves on keeping our finger on the pulse on all things Multi District Litigation. This predominantly consists of providing our subscribers with competitive insights into where the money is being spent in hopes to inform your blueprint for advertising strategies.
We’ve been working hard on an algorithm to deliver more than just monthly TV spends and are proud to announce that we are ready to unveil our HTR 2.0.
This new list compiles an overview of dollars deployed on TV, Meta campaigns, PPC presence, and Whitehardt’s Institutional Insights indicator, which assigns a score to each tort based on what we, as leaders in the law firm advertising space, are witnessing across these various platforms.
The Hot Tort Report:
February 2025
The Hottest in Mass Tort Spending: January 2025
#1 Birth Control Injections
Featured Tort
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Published: February, 2025. Advertising spend from multiple sources for a recent 30 day period.
If you have any questions, please contact Bails at bails@whitehardt.com
#1 Birth Control Injections
Rising to the top of this month’s report, Birth Control Injections is the featured tort, earning the hottest scores across all categories. This tort’s prominence reflects strong TV ad spending, widespread advertiser activity on Meta, and PPC engagement. Recent developments include a January 17th complaint in which plaintiffs are seeking a medical monitoring program funded by the defendants, along with other relief to address the risks of birth control injections.
With comprehensive attention across the board, this tort is blazing with opportunities for firms to engage with victims and advocate for accountability.
CPL: $639 – $4,114
CPA: $1,278 – $9,040
For criteria, please contact us.
#2 Roundup®
Roundup climbed up from fifth place last month, driven by a strong Meta presence and notable activity in TV and PPC advertising. Despite low WHii, this tort continues to simmer with opportunity, proving its persistence in the mass tort landscape. With glyphosate-based products still widely available and ongoing concerns about their safety, Roundup remains a recurring focus for advertisers and litigators alike. It seems this tort isn’t going anywhere anytime soon.
CPL: $800
CPA: $1333
For criteria, please contact us.
#3 Talcum Powder
Cooling down by one position since last month, Talcum Powder litigation continues to attract attention, particularly through PPC campaigns, with Meta and TV following closely behind. Recent updates indicate that lawsuits are on pause until at least mid-March as Johnson & Johnson seeks to resolve cases through bankruptcy proceedings. Despite this temporary hold, the activity across advertising channels suggests this tort remains a priority.
CPL: $470
CPA: $940
For criteria, please contact us.
#4 Diabetes Meds For Weight Loss
In fourth place, driven by growing market demand and significant activity in the PPC arena, we have the mass tort for Ozempic and similar drugs. While TV advertising remains absent, interest in this litigation continues to build as we monitor its development. An evidentiary hearing scheduled for mid-May, 2025, signals that this tort is still in its early stages, with much left to unfold in the months ahead.
CPL: $93 – $775
CPA: $186 – $1,550
Common Criteria: Took a prescription diabetes drug for weight loss (e.g. Ozempic, Mounjaro); discontinued use of the drug; and experienced one or more gastrointestinal disorders at least 30 days after your first dose.
#5 Infant Formula
Tied with Diabetes Meds for Weight Loss, Infant Formula litigation edged into the top five this month, driven by top marks in Meta and PPC campaigns. Notably, this tort is seeing more action on Meta than its tied counterpart, signaling a strong digital presence and sustained advertiser interest. Despite no activity in TV or WHii scores, its performance highlights its continued relevance.
Common Criteria: Premature child born after 2002, severe injuries related to diagnosis of NEC, was fed formula in hospital. Infant was fed cow-milk-based formula (okay if unsure of brand) AND was diagnosed with NEC in or after the year 2002. If not premature, infant was diagnosed with NEC within 3 months after birth AND had surgery.
For metrics such as CPA and CPL, please contact us.
#6 Chemical Hair Straightener
The Chemical Hair Straightener tort continues to demonstrate a stronger digital presence, with Meta and PPC campaigns driving the majority of activity. With no recorded TV ad spend, lawyers are primarily leveraging digital platforms to connect with potential claimants. This tort emphasizes the importance of digital outreach in maintaining heat within mass tort advertising.
CPL: $430
CPA: $717
Common Criteria: Diagnosis of uterine cancer: endometrial cancer or uterine sarcoma; applied professionally or at-home application; used for at least 2 years AND usage must be at least 4 times per year; not currently a smoker.
#7 Paraquat
Tied with Chemical Hair Straightener score for score, Paraquat litigation remains active largely due to Meta and PPC campaigns. Although banned in over 70 countries, the EPA recently announced plans to withdraw its interim decision on Paraquat, citing uncertainties around the potential for inhalation risks from volatilization. The agency now requires additional studies, with a Data Call-In process expected to cause at least a four-year delay.
CPL: $680
CPA: $1,511
Common Criteria: Diagnosis of Parkinson’s Disease or experiencing Parkinson’s-like symptoms after exposure to Paraquat.
#8 Video Game Addiction
A new addition to the mass tort arena, Video Game Addiction is beginning to fire up in the market, with a stronger digital presence reflected in Meta and PPC activity. This tort focuses on the addictive nature of microtransactions, such as “loot boxes,” which encourage players—especially younger ones—to spend real money on virtual items with uncertain rewards. As legal scrutiny grows around the practices of gaming companies, this tort is expected to gain traction in the months ahead.
CPL: $35
CPA: $78
Common Criteria: Child must be under 18 and spend 4+ hours per day, 5+ days per week, playing Minecraft, Fortnite, GTA 5, or Call of Duty. The child must also experience one or more of the following: addiction, poor school performance, school dropout, cognitive or developmental delays, chronic depression or anxiety, or self-harm/suicidal behavior.
#9 California Wildfires
A new and still-developing entry on this month’s report, California Fires lawsuits are garnering attention with a top score in Meta activity. This tort involves negligence lawsuits brought by victims of the devastating LA-area wildfires, which have caused significant loss of life and destruction. With cases focusing on allegations against power companies for failing to prevent or mitigate fire risks, this sensitive and ongoing litigation continues to unfold, reflecting the urgent need for accountability and support for affected communities.
CPL: $906
For metrics such as CPA and criteria, please contact us.
Mesothelioma
You may be noticing a tort missing from our new report. While Mesothelioma continues to dominate the competition when it comes to spend levels, Whitehardt finds that this tort is its own niche animal. These cases can be extremely fruitful, but hard to come by, requiring a high buy-in to get in the game and patience when landing that ringer of a case. We believe that Meso will remain a constant for some time, but in regards to many of the other drugs and devices we focus on in this monthly report, we’ve decided to move it to its own category. If you are interested in hearing the latest news on Meso or how Whitehardt may be currently seeking these cases, you can contact us here.
Whitehardt will continue to track meso spending from month to month, so if you are interested in ongoing meso spending, please reach out to me directly. Going forward, we will be excluding meso from these tort reports.
#10 Social Media
Every platform except TV is shining the spotlight on this tort. In recent updates, New York City, its school system, and public hospitals have filed lawsuits against major tech companies, alleging that platforms like Facebook, Instagram, TikTok, Snapchat, and YouTube foster addiction and harmful behaviors. These claims argue that social media is exacerbating mental health issues among children, disrupting their education, and straining public resources.
Social media litigation continues to develop as lawsuits address the broader societal effects of these platforms on younger users and their mental health.
For metrics such as CPA, CPL, and criteria, please contact us.