Today’s regulatory regime demands strict attention to every aspect of product design, standards compliance, and labeling and advertising. Even the most minor misstep can draw the attention of regulators and lawyers. If you are developing a new product, improving a design, revising a current label, or directing your marketing team on what claims your social influencers can make, any sound roll-out strategy must consider legal risk management just as it would marketing and logistics.
Blank Rome advises companies of all sizes on federal and state laws related to design, labeling, and advertising for consumer products, including food and beverages, cosmetics, and supplements. Our team has comprehensive experience in all phases of development, labeling, and advertising, from reviewing companies’ quality program and copies, to helping structure advertising campaigns, to responding to litigation threats and defending false advertising claims in court.
We understand that legal requirements have to be balanced with business goals, and we empower our clients to understand and comply with complex regulations, such as the Consumer Product Safety Act (“CPSA”) and Food, Drug, and Cosmetic Act, with minimal impact to their business. We stay current with the trends of consumer false advertising lawsuits, and help our clients prevent and respond to pre-suit threats, as well as defend such claims in court in complex consumer class actions.
What Sets Us Apart
We have experience in every aspect of federal and state regulation, including food, drink, cosmetics, and supplements, giving us the breadth of knowledge to counsel your organization on every aspect of its project strategies.
Our familiarity with the CPSA, Food and Drug Administration (“FDA”) regulations, state statutes such as California’s Proposition 65, and similar laws provides the foundation for providing common-sense regulatory advice at a reasonable cost, allowing your organization to spend your resources on the strategic factors that maximize your product’s potential for success.
At Blank Rome, we know the best strategy is compliance. But in those situations when even compliance isn’t enough, we have litigated to successful conclusion several product litigation challenges and we know what works. We team with you to craft litigation and resolution strategies that work for you both as a litigant and a business.
We can come to your office and explain to your team the latest in law and regulation to keep you in front of the curve as you formulate your marketing strategies.
How We Can help
New Product Introduction
If you are a new company, or are considering adding a new product or product line, we can help start to finish!
Regulatory Labeling, and Advertising Advice
Our team has deep experience in advising companies to help navigate complex government requirements for product standards compliance, labeling, and advertising including:
- Analyzing quality programs to ensure compliance with appropriate industry standards
- Conducting advertising and labeling review for compliance with FDA regulations and other federal and state laws, including the Federal Fair Packaging and Labeling Act
- Reviewing advertising and labeling copy and graphics to prevent litigation while effectively marketing your product
- Providing advice on advertising claims based on scientific testing, consumer surveys, and expert analysis
- Advising about advertising on social media, including statements by endorsers and contracting reviews for endorsements
- Providing comprehensive, cost-effective regulatory advice for food and beverage start-ups
Litigation and Pre-Litigation Matters
We have extensive experience helping large and small companies respond to pre-litigation threats and litigation of all kinds, including multistate class actions. We are knowledgeable in all aspects of consumer lawsuits and bring that knowledge to bear to analyze risk and help clients resolve threats pragmatically and in line with the company’s long-term goals. Our substantive experience extends to:
- Responding to pre-litigation demands relating to false advertising, unfair competition, California’s Sherman Law, product fill level, Proposition 65 claims, and all other kinds of alleged consumer deception or injuries
- Analyzing litigation and providing the most effective means for resolution, either through successful dismissal or an advantageous settlement
- Providing comprehensive litigation defense through all stages of class action lawsuits and trial
Competitor Actions or Government Enforcement
Our team has deep experience in advising companies on navigating complex government requirements for product labeling and advertising including:
- Analyzing whether to initiate a product recall and comprehensive management of the recall process, including to mitigate the risk of follow-on claims from consumer litigants
- Responding to threatened government enforcement by the Federal Trade Commission, FDA, or state bodies
- Reviewing and responding to claims by competitors and threatened litigation