Product Liability Litigation

FTC and State AG Consumer Protection Enforcement

Consumer complaints in response to marketing or promotion initiatives may trigger a letter or subpoena from a regulatory agency. Arnold & Porter has a depth of experience in handling FTC and state attorneys general investigations relating to privacy, advertising, and consumer protection issues. Our team includes key alumni from the regulatory agencies.

We have assisted clients from virtually every type of industry in connection with many FTC and state attorneys general investigations. We have negotiated consent orders with the FTC, as well as represented clients in federal litigation with the FTC in connection with the enforcement of those orders.

We handle the defense of such investigations aggressively and creatively, while still maintaining a professional and respectful relationship with the regulatory staff. Indeed, many of our lawyers are alumni of these agencies. Having the right regulatory team in place is even more important in today's litigation environment because, increasingly, regulatory action leads to consumer and competitor litigation—and one problem becomes many.


Atlantic Richfield Co. Defense of a public nuisance action by several California cities and counties

Struck a blow to contingency fee agreements between state and local governments and plaintiff's attorneys.

Large entertainment conglomerate Investigation of entertainment industry marketing practices

Represented client with respect to an FTC investigation into marketing of violent entertainment to teens.

Large dietary supplements marketer Regulatory investigations

Represented client in connection with FTC investigation arising out of the marketing of dietary supplements by one of the largest dietary supplement companies.


Product Liability Litigation Update—June 2016
A publication of the Product Liability Practice Group

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