Represented a national drugstore chain in an investigation by the Federal Trade Commission into its labeling of a nutritional supplement. Representation included handling the investigation, negotiating with FTC staff for a significantly narrowed scope of redress, and coordinating a voluntary market withdrawal, as well as assisting the manufacturer’s counsel with related class action litigation on behalf of the client.
Consumer Class Actions
Counsel for numerous defendants in connection with putative class actions alleging false and misleading statements in product claims / labels brought under California (UCL, FAL, CLRA), New York (GBL §§ 349, 350), and Florida (FUDTPA) consumer protection laws.
Defended a global manufacturer of over-the-counter health and beauty products in a class action alleging false and misleading statements on labels of homeopathic products, brought under California (UCL, FAL, CLRA) and Florida (FUDTPA) consumer protection laws.
Defended a national retail pharmacy chain that manufactures and distributes a private label of homeopathic products in a putative class action alleging false and misleading statements on labels of private label homeopathic products, brought under California (UCL, FAL, CLRA) consumer protection laws. Settled on terms very favorable to the client before class certification briefed.
Represented a leading manufacturer of oral health products in a class action involving violations of the California Consumer Legal Remedies Act, the California False Advertising Law, the California Unfair Competition Law, breach of express warranty, breach of the implied warranty of merchantability, and for fraud and negligent misrepresentation. Successfully secured a dismissal of all claims and won sanctions against plaintiffs’ counsel.
Successfully excluded an expert witness report under Rule 702 involving alleged damages in a false advertising case, which resulted in denial of class certification in the Central District of California on behalf of a multinational restaurant chain.
Compliance Counseling
Advise peer-to-peer and small business lending platform operators on nature and scope of prohibitions and CFPB enforcement exposure.
Advise money services businesses on potential applicability and CFPB enforcement exposure.
Advised a large telecommunications trade association and large cable operator on the applicability of CFPB enforcement jurisdiction under Dodd-Frank.
Provide ongoing strategic counseling to leading cosmetic and personal care product manufacturers on product labeling and marketing.
