Consumer Protection & Advertising

For decades, Arnold & Porter has provided consumer products and retail clients with vigorous representation in consumer and competitor litigation matters, practical risk reduction counseling, and thoughtful guidance regarding federal and state regulatory investigations. By integrating multiple practices, jurisdictions, and forums, our full-service Consumer Protection & Advertising team provides: close coordination of regulatory and litigation matters focused on preventing future issues; effective engagement of personnel at the Federal Trade Commission (FTC), Food and Drug Administration (FDA), Consumer Product Safety Commission (CPSC), Environmental Protection Agency (EPA), state attorneys general, and other federal and state agencies; efficient handling of multiforum matters ranging from government investigations to activist litigation to competitor challenges; and careful consideration of state and local requirements as well as requirements outside the United States.

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 a range of consumer products and retail clients, including manufacturers of FDA-regulated products (food & beverages, cosmetics, and dietary supplements), appliances, fashion and textiles, home goods, and children's products.

Comprehensive, Science-Based Claim Substantiation Counseling: Helping accurately translate science into advertising, we advise on all claims about health benefits, weight loss, performance, warranties, being "green", textile and fur labeling requirements, pricing and sales, US origin, and comparisons.

Experience Highlights

  • Global Fortune 500 companies in challenges before the National Advertising Division (NAD) of the Advertising Self-Regulatory Council, including ones related to comparative performance claims and deceptive pricing.
  • Retailers and consumer product companies in responses to FTC inquiries regarding advertising and labeling practices, including adequate use of disclosures in advertisements and compliance with the FTC's Green Guides and the Fair Packaging & Labeling, Textile, and Wool Acts.
  • OTC drug and medical device companies regarding effective use of consumer-generated content in promotional strategies while complying with applicable federal and state standards.
  • Numerous manufacturers and retailers in both negotiating corrective action plans with CPSC and implementing voluntary recalls for a wide variety of products in order to help minimize business disruption and reduce potential exposure in product liability and consumer protection lawsuits.
  • Legal and regulatory teams regarding both the potential regulatory classifications for new technologies and the appropriate clinical and sensory study design techniques intended to substantiate desired performance, sensory and preference claims for consumer products.
  • 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.
  • Alcon Laboratories in a false advertising dispute before the NAD involving labeling of store-brand contact lens solutions.
  • Hershey in defending competitor claims against its SmartZone nutrition bar, resulting in denial of preliminary injunction motion and voluntary dismissal of case.
  • Manufacturers of sanitizing products concerning USEPA FIFRA requirements for label claims.
  • Drugstore chain in a multicounty district attorney investigation of its pricing accuracy practices in California.
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