Consumer fraud class actions over products such as home goods, beauty products and cosmetics, construction products and electronics are on the rise. Sidley lawyers help our clients in these industries and others navigate the consumer fraud class action risks associated with the development, labeling, marketing, advertising, sale and recall of these products.
Whether in multi-district litigation, class action proceedings, Lanham Act cases, government inquiries or in response to pre-suit demand letters, we work with our clients to craft and implement effective and efficient strategies that both mitigate risks and, if litigation is filed or regulatory action initiated, provide creative defenses to class certification and on the merits. When appropriate, we consult with our colleagues who previously held posts with the Federal Trade Commission (FTC), the U.S. Food and Drug Administration (FDA), the U.S. Department of Health and Human Services and other government agencies.
Sidley lawyers routinely defeat consumer class actions under Rule 23 and through summary judgment. Class certification is often won or lost through discovery and expert issues, and our lawyers have been successful in obtaining significant victories at the discovery and expert stage.
Our lawyers bring value to our clients in the following ways:
- We successfully defend consumer product class actions in state and federal courts and in arbitrations throughout the country, at trial and before appellate courts.
- Our breadth and depth of experience allows us to litigate efficiently and effectively.
- Our multidisciplinary team includes regulatory lawyers who provide ongoing compliance and technical advice, as well as seasoned litigators who advise on state and federal consumer protection laws and develop creative and effective litigation strategies.
- We regularly defend clients in regulatory actions brought by state attorneys general, district attorneys, the FTC, the FDA and the Consumer Product Safety Commission, among other agencies, including those outside the U.S.
- Our reputation and long-standing relationships with government agencies enable us to resolve governmental investigations without formal actions against our clients and, when that is not possible, to negotiate settlements and consent decrees on favorable terms.