Consumer Products & Retail

Some of the world's biggest and best-known retailers and consumer brands retain Arnold & Porter because our attorneys act as trusted strategists for regulatory, litigation and transactional matters, always giving attention to the broader context of industry, government and consumer developments. Our edge also comes from deep experience serving clients in this industry in a wide range of matters including product development, governmental enforcement defense, state and federal compliance strategies, consumer- and competitor-based challenges, class action defense, legislative and public policy matters, transactions, licensing, supply chain, and complex scientific issues.

Combined Litigation and Regulatory Experience: Our regulatory specialists frequently partner with our litigators to offer practical, well-informed representation and risk-mitigation counseling for our clients.

Deep and Broad Industry Experience: We advise across the range of regulatory agencies: FDA (food & beverages, cosmetics, dietary supplements, OTC products), CPSC (appliances, clothing/textiles, electronics, home goods, recreational/chil-
dren's products) and EPA (pesticides, anti-microbials).

Full Range of Clients: Our clients include manufacturers and traditional and online retailers ranging from FORTUNE 500 companies to small start-up firms selling a wide range of consumer products.

» See the list of relevant US and international government positions previously held by attorneys in our practice.

Experience Highlights

  • 7-Eleven in numerous false advertising/unfair competition consumer class actions concerning proprietary 7-Eleven products.
  • Alcon Laboratories in a false advertising dispute before the NAD involving labeling of store-brand contact lens solutions.
  • Chef America, a major frozen food company, in a Goldman Sachs-led auction sale of the company to Nestlé for $2.6 billion.
  • Costco in defeating consumer class action alleging failure to disclose trans-fat levels in food products.
  • Essie Cosmetics, one of the largest independent nail polish companies in the beauty industry, in connection with its acquisition by L'Oréal USA.
  • Hershey in defending competitor claims against its SmartZone nutrition bar, resulting in denial of preliminary injunction motion and voluntary dismissal of case.
  • Post, General Mills and Kellogg in appellate ruling that Prop 65 warnings for acrylamide in breakfast cereal are preempted by federal law.
  • Nature's Bounty in numerous consumer class actions alleging false advertising and unfair competition concerning "Buy One Get One Free" offers and "Made In USA" claims.
  • Personal care product company in FTC inquiry alleging product sourcing claims conveyed implied messages of improved product safety.
  • Numerous consumer product manufacturers and retailers in implementing recalls when warranted, avoiding unnecessary recalls and defending CPSC enforcement actions.
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