Protección al Consumidor y Publicidad

Experience Highlights

• Global Fortune 500 companies in challenges before the National Advertising Division (NAD) of the Advertising Self-Regulatory Council, including ones related to comparative performance claims and deceptive pricing.

• Retailers and consumer product companies in responses to Federal Trade Commission (FTC) inquiries regarding advertising and labeling practices, including adequate use of disclosures in advertisements and compliance with the FTC's Green Guides and the Fair Packaging & Labeling, Textile, and Wool Acts.

• OTC drug and medical device companies regarding effective use of consumer-generated content in promotional strategies while complying with applicable federal and state standards.

• Numerous manufacturers and retailers in negotiating corrective action plans with Consumer Product Safety Commission (CPSC) and implementing voluntary recalls for a wide variety of products, helping to minimize business disruption, and reduce potential exposure in product liability and consumer protection lawsuits.

• Legal and regulatory teams regarding both the potential regulatory classifications for new technologies and the appropriate clinical and sensory study design techniques intended to substantiate desired performance, sensory, and preference claims for consumer products.

• ​​​​​​Nature's Bounty in numerous consumer class actions alleging false advertising and unfair competition concerning "Buy One Get One Free" offers and "Made in U.S.A" claims.

• Alcon Laboratories in a false advertising dispute before the NAD, involving labeling of store-brand contact lens solutions.

• Hershey in defending competitor claims against its SmartZone nutrition bar, resulting in denial of preliminary injunction motion and voluntary dismissal of case.

• ​​​​​​Manufacturers of sanitizing products concerning USEPA FIFRA requirements for label claims.

• Drugstore chain in a multicounty district attorney investigation of its pricing accuracy practices in California.