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 bring and defend Lanham Act cases and National Advertising Division (NAD) arbitrations, as well as defend our clients in consumer class action litigation. Our lawyers have substantive skill to handle a wide range of advertising and marketing issues, including "green" claims, comparative advertising, endorsements and testimonials, pricing claims, and "Made in USA" claims.
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. We have deep knowledge of federal and state advertising rules, labeling and packaging regimes, federal- and state-compliant warranties, country of origin labeling, Federal Drug Administration (FDA) policies, and agricultural and antimicrobial pesticide labeling, as well as requirements related to the FTC Act, the Federal Hazardous Substances
Act, the Poison Prevention Packaging Act, and
California's Proposition 65.
- GreenPan™ Inc. Thermolon™ Ceramic Coated Cookware Advertising (NAD case #5519 Oct. 2012): Counsel to E.I. DuPont de Nemours and Company in successful challenge of GreenPan’s environmental, health, and safety advertising claims
- Exergen Corp. Exergen Temporal Thermometers (NAD case #5296 Mar. 2, 2011): Counsel to Kaz USA, Inc. in successful challenge of certain comparative performance advertising claims
- In the Matter of Brain-Pad, Inc., FTC File No. 122 3073 (Nov. 29, 2102): Defended maker of jaw-joint protective mouth guards before the FTC regarding health-related performance claims
Our consumer protection counseling competence covers a wide range of products and services, including:
- Air cleaners
- Batteries and chargers
- Carbon monoxide detectors
- Cleaning products
- Consumer electronics
- Dietary supplements
- Medical devices
- Pesticides and pesticidal devices
- Sporting equipment
In addition to advertising and labeling representation and counseling, Crowell & Moring lawyers assist clients with a broad range of Product Risk Management issues facing manufacturers, distributors, and retailers of products.