FTC and State Consumer Protection Enforcement
When faced with an FTC or state consumer protection investigation, a firm's ability to effectively engage government officials and staff is critical to resolving a client's situation. Arnold & Porter handles the defense of such investigations aggressively and creatively, while still maintaining a professional and respectful relationship with the regulatory staff. Arnold & Porter has a depth of experience in handling FTC, state attorney general, and California District Attorney investigations relating to consumer protection, privacy, and advertising issues. We have assisted clients from virtually every type of industry in all stages of these investigations, from addressing a CID or subpoena to negotiating a consent order or litigating against the government.
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Combined Litigation and Regulatory Experience: Regulatory action often leads to consumer and competitor litigation — and one problem becomes many. Our CPSC, EPA, and FDA regulatory attorneys frequently partner with our litigators to offer comprehensive representation for our clients.
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Extensive Consumer Product and Retailer Client Base: We advise consumer products and retailer clients from many different industries including manufacturers of apparel, cosmetics, food and beverages, dietary supplements, children's products, electronics, household goods, and other consumer products.
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Comprehensive Claim Counseling Capability: We assist clients in investigations involving an extensive array of claims, including those about health benefits, weight loss, performance, warranties, being "green," apparel labeling requirements, pricing or sales, sourcing (including claim of being natural or of U.S. origin), and comparisons.
Experience Highlights
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AstraZeneca in state AG unfair trade practice/consumer fraud actions alleging off-label marketing and minimization of product safety risks regarding Seroquel®.
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Consumer products manufacturer regarding marketing claims involving green, climate, carbon, and related issues.
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DeVry Education Group in defending against an FTC investigation and litigation related to alleged false advertising.
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For-profit school in an investigation by the Office of the Attorney General for the State of New York regarding license to operate and post-graduation employment statistics.
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Global food manufacturer in an investigation by the California Attorney General and multiple district attorneys regarding allegations of lead in baked goods and related products.
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High-profile media company in nonpublic FTC and state consumer protection investigations of its online commercial practices.
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Large dietary supplements marketer in an FTC investigation arising out of the marketing of dietary supplements by one of the largest dietary supplement companies.
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Drugstore chain in a multi-county district attorney investigation of its pricing accuracy practices in California.
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Mobile content provider and aggregator in FTC and Florida Attorney General investigations related to mobile content marketing and billing.
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Personal care product company in FTC inquiry alleging product sourcing claims conveyed implied messages of improved product safety.
Key Contacts
Related Services
Recognition
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Chambers USAFood & Beverages: Regulatory and Litigation (Nationwide) (2023)
Retail (Nationwide) (2023)
Advertising: Transactional and Regulatory (Nationwide) (2023)
Product Liability: Regulatory (Nationwide) (2023) -
Best Law FirmsAdvertising Law – Colorado (2024)
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The Legal 500 USFirms to Watch Advertising and Marketing: Transactional and Regulatory (2023)
Product Liability and Mass Tort Defense: Consumer Products (including tobacco) (2023)
