Class actions in regulated industries such as food & beverage, dietary supplements and cosmetics have increased remarkably in the last ten years. Most concern false advertising under state statutes.
Often these actions start with a “notice” letter from the plaintiffs’ lawyer stating a claim under laws such as The California Legal Remedies Act for advertising issues related to health claims and food & drug labeling requirements, leading to allegations of false or misleading advertising. Amin Talati Upadhye understands that it is critical for consumer product companies to retain their earned trust and consumer confidence, and to avoid negative media and government scrutiny. We immediately provide a prompt and precise assessment of the labeling and advertising in question, followed by a pragmatic and sharply focused strategy to contain and extinguish the claims and negative exposure.
Our attorneys combine regulatory and scientific savvy with deep expertise in advertising, unfair competition and deceptive trade practice litigation. We work with our clients initially to assess their case and decide the most effective legal and business strategy for both the marketplace and the courtroom. If it is determined that challenging the class action is the best approach, we then develop and execute creative and aggressive strategies to defeat the claims so that our clients can swiftly return to pursuing their business objectives. We have a strong track record for achieving dismissals, defeating motions and negotiating settlements which minimize negative impact on our clients’ course of business.
Because FTC, FDA and state investigations and class actions often proceed simultaneously, our attorneys coordinate efforts across practice groups to ensure a cost effective, seamless and consistent response. We understand the dramatic implications that both class actions and investigations have on the business processes of our clients: they impact not only production calendars and contracts, but product reputation, financial liability and long term market value. Our primary goal is to reach a swift and satisfactory resolution.