Consumer Protection and Advertising


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.


Legal Considerations for Marketing Skin Microbiome Products (pdf)
Status & Interventions Of the Skin Microbione, HAPPI
Protecting the Eye of the Beholder
The National Law Journal
Latest View on Health Claims on Foods in the EU
BioSlice Blog
Private Labeling: Evaluating and Managing Product Safety and Liability Risks
Arnold & Porter Webinar-of-the-Month Club for Retailers
California Ballot Initiative Filed to Phase Out Single-Use Packaging and Ban Polystyrene Food and Beverage Containers

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