Erica R. Graves

Biography

Erica is a trial attorney who focuses her practice on defending advertising injury and consumer fraud class actions, as well as business litigation. She represents clients across a diverse array of industries, including food and beverage, cosmetics, chemical, fashion, supplements, shipping, and renewable energy.

As co-chair of Blank Rome’s Labeling and Advertising group, Erica collaborates with clients to craft compelling, consumer-focused messaging that aligns with regulatory requirements.

She helps businesses navigate the ever-changing landscape of product labeling and advertising laws across various industries.

BUSINESS LITIGATION

Erica is a trial lawyer who represents business in high-stakes commercial litigation. She represents large and small companies in an array of complex matters, including contract disputes, consumer actions, environmental enforcement actions, Lanham Act litigation, and patent disputes.

Erica consistently secures trial victories and advantageous settlements for clients across a range of industries.

FALSE ADVERTISING AND CLASS ACTION DEFENSE

Erica has deep experience in defending companies against threatened and actual class action litigation, from claims related to product ingredients and contaminants, product labels, advertising, country of origin, and pricing. As a zealous litigator with vast knowledge of regulatory law, Erica can efficiently assess threats and structure the best outcome for businesses, whether through litigation victory or practical resolution.

REGULATORY ADVICE AND THREAT PREVENTION

Erica partners with her clients to craft compelling and legally compliant product labels and marketing campaigns. She provides invaluable assistance with product launches, marketing risk review, or periodic oversight of a company’s advertising campaigns. Erica helps companies review brand endorsements and contracts to ensure that the company’s messaging is holistically consistent and robust.

As a litigator, Erica is acutely aware of trends in government enforcement and class actions, including high-risk claims, and regularly advises clients on compliance with Food and Drug Administration (“FDA”), Federal Trade Commission, Consumer Product Safety Commission, state regulations, Proposition 65, and green marketing guidance.

PROPOSITION 65 ADVICE AND DEFENSE

Erica’s scientific background gives her a keen insight into Proposition 65 claims and defenses. She has fielded scores of Proposition 65 threats, either securing a withdrawal of the threatened claim or negotiating a quick and efficient resolution. Erica also represents companies, including international brands and retailers, in Proposition 65 litigation.

Where necessary, Erica interfaces with experts to develop technical defenses of complex claims.

BACKGROUND

As a lifelong proponent of social justice, Erica proudly maintains a robust pro bono practice, assisting individuals and non-profit organizations in areas including intellectual property, civil rights, pardons, and housing advocacy.

While at Pepperdine University School of Law, Erica externed for Justice Eileen C. Moore at the California Court of Appeal, Fourth District. She also served as managing editor for the Pepperdine Law Review.

Prior to law school, Erica worked in the Napa Valley wine industry, making, analyzing, and selling wine for some of the Valley’s most prestigious labels. She earned a science degree specializing in microbiology and immunology from the University of Melbourne, Australia.

Experience

BUSINESS LITIGATION

Won trial victory for a group of investors in a partnership dispute.
Secured jury trial victory for an international paint and coatings company by invalidating competitor’s patents, which was affirmed by the U.S. Court of Appeals for the Federal Circuit.
Represented a chemicals company at trial in a complex Clean Water Act enforcement action.
Successfully quashed service of complaint for international eyewear company in contract fraud case.
Achieved a $65 million settlement against a group of healthcare companies in a qui tam False Claims Act federal court action.
Secured summary judgment for a prominent wildlife artist against a claim of copyright infringement, which was affirmed by the U.S. Court of Appeals for the Ninth Circuit.
Represented a multinational energy company and advantageously resolved a breach of contract claim related to a corporate acquisition.

FALSE ADVERTISING AND CLASS ACTION DEFENSE

Secured dismissal for a large retail chain in defense of Magnuson-Moss Warranty Act class action.
Won dismissal of two separate class actions alleging false advertising in connection with supplement labeling.
Assisted a national food retailer in dismissing class action litigation relating to country of origin claims.
Represented a nationwide retailer in false price litigation action, securing favorable settlement.
Represented a food retailer in a multijurisdiction law enforcement investigation, resulting in no action against the company.
Secured no-settlement prelitigation walkaway in threatened litigation related to alleged chemical contamination of food product.
Negotiated a favorable settlement for a cosmetics company in a putative class action alleging false advertising, fraud, and unfair competition.
Prevented false advertising litigation for a haircare company relating to alleged chemical contamination and false advertising, with no settlement.

REGULATORY ADVICE AND THREAT PREVENTION

Assisted a clothing manufacturer in developing multijurisdiction green labeling.
Monthly review of social media advertising for an international dairy company.
Top to bottom review of labeling and marketing claims for a supplement company focusing on claim substantiation and navigating the distinction between supplement and drug claims.
Comprehensive risk review of a cosmetics company’s labeling and advertising statements.
Assisted beverage start-ups in labeling compliance and marketing statements.
Advised international cosmetics companies on entering the U.S. market relating to FDA compliance, navigating Modernization of Cosmetics Regulation Act requirements, and other compliance advice and risk assessment.

PROPOSITION 65 ADVICE AND LITIGATION DEFENSE

Advised a national food retailer on Proposition 65 labeling, supply chain contracting, and risk review.
Secured dismissal of Proposition 65 litigation for an international retailer.
Prevented litigation for a cosmetics company relating to threatened Proposition 65 claim with no settlement paid.
Negotiated favorable settlement for a food company related to alleged metal contamination.