Capabilities

Consumer Protection and Advertising

English

Arnold & Porter Kaye Scholer LLP 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.

We recommend subscribing to our Seller Beware Blog that provides insights on developments to this area of the law.

Perspectives

FDA's Policymaking and the Changing Compliance Landscape for "Healthy" Foods
Seller Beware: Consumer Protection Insights for Industry
Recommended Reading: FTC Report Highlights Privacy Concerns Associated with Cross-Device Tracking
Seller Beware: Consumer Protection Insights for Industry
Can We Say That, Now? FDA Draft Guidance Offers Opportunity for Medical Product Companies to Reevaluate Risk Profile for Product Claims
Seller Beware: Consumer Protection Insights for Industry
Obama Administration Continues to Push Food Policy Agenda
Seller Beware: Consumer Protection Insights for Industry
FDA Objects to Branded Pre-Approval YouTube Video
Seller Beware: Consumer Protection Insights for Industry
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Overview

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