Consumer Class Action
Class actions in regulated industries such as food & beverage, dietary supplements and cosmetics have increased dramatically in the last five years. Most concern false advertising claims under state consumer protection statutes.
These cases often start with a “demand” letter from the plaintiffs’ lawyer threatening class action claims under laws such as California’s Consumers Legal Remedies Act. The “demand” letters frequently allege false or misleading advertising on food, beverage or supplement labels. Amin Talati Wasserman understands it is critical for consumer product companies not only to maintain consumer confidence, but to mitigate negative media and government scrutiny that can accompany such claims. We immediately provide a precise assessment of the labeling and advertising in question, followed by a pragmatic, 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 upon receipt of the pre-suit demand letter to assess their case and determine the most effective legal and business strategy for both the marketplace and the courtroom. We develop and execute creative and aggressive strategies to defeat the claims so our clients can swiftly return to pursuing their business objectives. We have an unmatched track record of achieving early dismissals, defeating class certification, prevailing on summary judgment motions, and negotiating early settlements that minimize negative impacts on our clients’ course of business. We also have top-notch trial counsel.
Because class actions often parallel FTC, FDA, and state agency proceedings, 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 federal and state 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 goal is a swift and satisfactory resolution.