Capabilities
Antitrust/Competition

FTC Consumer Protection

Arnold & Porter Kaye Scholer possesses a depth of experience in handling Federal Trade Commission (FTC) advertising and privacy/data security investigations of consumer products manufacturers, service providers, and retailers. Having the right regulatory team in place is key for companies in today's legal environment because regulatory action often leads to consumer and competitor litigation, with one problem becoming many. Characteristics of our FTC consumer protection practice include:

  • Our attorneys handle the full range of consumer protection engagements, from providing pro-active counseling and advice, to handling investigations and inquiries from the FTC.
  • Clients turn to us for advice on the full range of consumer protection issues, including advertising substantiation, endorsements/testimonials, native advertising, health and weight-loss claims, environmental/green claims, Made in USA claims, online and mobile marketing, telemarketing, privacy and data security, sweepstakes, contests, promotions, and pricing claims.
  • Our experience covers a wide range of consumer products and services, including health care, weight loss, food products, dietary supplements, sports and entertainment, travel and hospitality, transportation, tobacco, and others.
  • Our attorneys closely coordinate regulatory and litigation matters with a view toward practical business advice and risk-reduction.
  • In matters that involve multiple agencies or jurisdictions, we effectively advocate to personnel at the FTC, US Food and Drug Administration (FDA), Consumer Product Safety Commission (CPSC), Federal Communications Commission (FCC), state attorneys general, and other state and federal agencies.
  • Our attorneys publish the Seller Beware blog, a resource that provides multi-disciplinary insights and analysis on consumer protection and advertising law developments.
  • Our team includes former staff of the FTC. Our understanding of the FTC and our dealings with agency officials and staff give our consumer protection attorneys valuable insight into how to best address our clients' situations.

Experience

DeVry Education Group False advertising litigation against FTC

Defended the client in a Federal Trade Commission investigation and litigation related to alleged false advertising.

 

Major car rental company FTC investigation

Represented rental car company in connection with an FTC investigation related to fuel charges.

Consumer Product Manufacturers and Retailer Operation Full Disclosure

Assist clients in responding to warning letters from the FTC regarding their use of disclosures in advertising.

Large consumer products company FTC investigation

Resolved FTC investigation regarding the adequacy of the substantiation supporting certain health claims for a food product.

Large entertainment conglomerate Investigation of entertainment industry marketing practices

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

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