Capabilities

Consumer Protection and Advertising

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Arnold & Porter has for decades provided consumer products and services clients with high-quality risk reduction counseling, effective guidance in connection with federal and state regulatory investigations, and vigorous representation in consumer and competitor litigation matters.

Claims that a company makes about its product or service—even unintended claims that consumers perceive—can place the product or service in the sights of activist groups, plaintiffs' lawyers, competitors, or state and federal regulators. Indeed, a single claim can prompt all of these groups. Other interactions with consumers also can run afoul of regulatory issues involving data collection, security, and privacy and can trigger claims relating to spamming, pretexting, telemarketing, and credit and debt collection.

By efficiently integrating multiple practices, jurisdictions, and forums, our full-service Consumer Protection and Advertising practice offers consumer product companies:

  • Close coordination of regulatory and litigation matters with a view toward preventing future issues.
  • Effective engagement of personnel at the Federal Trade Commission (FTC), Food and Drug Administration (FDA), Consumer Product Safety Commission (CPSC), state attorneys general, and other federal and state agencies.
  • Efficient handling of multi-forum matters ranging from government investigations to activist litigation to competitor challenges.
  • Careful consideration of requirements outside the United States.

Perspectives

FTC Ups Consumer Review Fairness Act Enforcement
Seller Beware: Consumer Protection Insights for Industry
For the First Time, Executives Criminally Charged for Knowing and Willful Reporting Violations of the CPSA
Seller Beware: Consumer Protection Insights for Industry
Calif. Chemical Reg Changes Could Affect Many Products
California Law360, Consumer Protection Law360, Environmental Law360, Product Liability Law360, Public Policy Law360, Retail & E-Commerce Law360
INSIGHT: Words Not Fit for Polite Company? The Brunetti Case (pdf)
Bloomberg Law
Trademark Registration of a Dirty Word: Is the Supreme Court Game?
Advisory
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Overview

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