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In Depth

Loeb & Loeb’s Health and Wellness Marketing Compliance Practice was formed in response to the dramatic increase in regulatory enforcement actions and consumer class action lawsuits targeting producers and sellers of food, health and beauty products. Our team of experienced consumer products and trial attorneys understand the stringent regulatory environment surrounding these industries, and the unique compliance and defense strategies that must be employed to help companies avoid liability, manage risk, and resolve disputes quickly and efficiently.

The Federal Trade Commission and states attorneys general are closely scrutinizing marketing and advertising practices, looking for misleading product claims, including product misbranding and mislabeling.

Of particular focus are:

  • Benefits ascribed to health and beauty products
  • Products described as “natural” or “all natural”
  • Products labeled “organic”
  • Products deemed dangerously unhealthy (e.g., high in trans fats)
  • Responsible product sourcing
  • Products containing genetically modified organisms (GMOs)
  • Products characterized as “green” or “sustainable” 

The regulatory framework governing the labeling and marketing of food, health and beauty products is ambiguous at both state and federal levels, and as a result, there has been a proliferation of lawsuits over marketing and advertising practices in this space. Loeb & Loeb’s Health and Wellness Marketing Compliance Practice helps companies avoid liability, manage risk, and defend against regulatory enforcement and consumer class actions. Specifically, we help companies by:

Risk Avoidance/Management

  • Communicating regulatory changes at the federal, state and local level, and providing regular updates on hot topics and relevant court decisions
  • Reviewing product marketing and labeling before a product goes to market to identify potential risks
  • Educating in-house legal departments to work with their product development teams proactively to adequately substantiate health and beauty claims and identify ingredients that may undermine their labeling and marketing goals
  • Working with in-house legal teams to take appropriate market action where it is evident that a product is likely to be a target of claims that it is mislabeled or mischaracterized (to reduce liability)
  • Preparing in-house legal teams proactively for litigation or regulatory enforcement by having adequate documentation of processes, procedures and policies (including to adequately substantiate the claims of ingredient suppliers) as well as continuously monitoring the market (including consumer advocacy groups) for potential concerns

Dispute Resolution

  • Monitoring case law in the relevant jurisdictions to rely on favorable precedent(s) and to position the lawsuit for the best business resolution in light of such precedent(s)
  • Understanding the role of federal preemption in the context of organic and other labeling claims and using it to our advantage when the situation warrants
  • Using our expertise and deep experience in handling class action lawsuits to litigate the lawsuit to favorable resolution (either by obtaining a dismissal or by defeating class certification)
  • Using our expertise with federal and state regulators to work with the agency to resolve claims quickly and economically
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