Consumer Protection and Advertising


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.


CPSC Reduces Testing Requirements for Phthalates in Children's Toys and Childcare Articles
Seller Beware: Consumer Protection Insights for Industry
GAO Aims to Increase Consumer Clarity Regarding the Regulation of Memory Supplement Advertising
Seller Beware: Consumer Protection Insights for Industry
District Court Hangs Up on Call to Strike Down FTC’s Guidance on Soundboard Technology
Seller Beware: Consumer Protection Insights for Industry
Very Little Relief on the Way Regarding EPA's NanoScale Chemicals Rule
Seller Beware: Consumer Protection Insights to Industry
The Eagles’ Hotel California Case: Who Will Win “In the Long Run”?
Seller Beware: Consumer Protection Insights for Industry

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