Consumer Protection
Crowell & Moring represents clients involved in advertising and other consumer protection investigations before the Federal Trade Commission (FTC) and state attorneys general. In addition, we both bring and defend Lanham Act cases and National Advertising Division (NAD) arbitrations, and defend our clients in consumer class action litigation. We have substantive expertise on a wide range of advertising and marketing issues including "green" claims, comparative advertising, endorsements and testimonials, pricing claims, and "Made in USA" claims to name a few.
We bring a business-focused approach to counseling and compliance issues for our clients, working with them to achieve their marketing and business goals while minimizing regulatory and legal risks. Our expertise covers federal and state advertising rules, labeling and packaging regimes and requirements such as FTC Act issues, drafting federal and state compliant warranties, Federal Hazardous Substances Act requirements, Poison Prevention Packaging Act requirements, California's Proposition 65 requirements, country of origin labeling, Federal Drug Administration (FDA), and agricultural and antimicrobial pesticide labeling, among others. A selection of notable recent representations includes the following:
- Represented a trade association in an FTC investigation of advertising and marketing practices related to consumer cosmetic services
- Represented executives of a dietary supplement company in FTC investigation of advertising and marketing practices related to a popular supplement
- Assisted client in defending an EPA allegation of inappropriate use of EnergyStar logo
- Defended a pesticide manufacturer's product from proposed EPA label modification and possible cancellation under FIFRA
Our consumer protection counseling expertise covers a wide range of products and services, including, for example:
- Air cleaners
- Apparel
- Batteries and chargers
- Carbon monoxide detectors
- Chemicals
- Cleaning products
- Consumer electronics
- Dietary supplements
- Humidifiers
- Medical devices
- Pesticides and pesticidal devices
- Sporting equipment
- Thermometers
In additional to advertising and labeling representation and counseling, Crowell & Moring attorneys assist clients with a broad range of Product Risk Management issues facing manufacturers, distributors and retailers of products.
For more information about our consumer protection practice, please contact Bridget Calhoun.