Food, Beverages and Cosmetics
Sidley has decades of experience representing some of the world’s leading food, dietary supplement, beverage and cosmetic companies in high-profile litigation. We understand the significant interplay between the regulatory framework and litigation risks and strategies for these industries. Our litigators work closely with our regulatory colleagues during all phases of product development, launch and sale to ensure both compliance and litigation risk mitigation.
It is common for a regulatory inquiry or action to be followed within days by a class action, specifically class action claims alleging false advertising and claims under state consumer protection laws. Our lawyers also regularly litigate issues involving foodborne illness, safety of design, allegedly false and misleading advertisements, alleged violations of U.S. Food and Drug Administration regulations and the Lanham Act, among others. In addition, we provide counseling on labeling and advertising issues, identifying areas of litigation or regulatory risk and mitigation measures.
Strong advocacy on behalf of our clients has earned our lawyers recognition as leading practitioners in numerous industry publications and legal directories, including Chambers USA, The Legal 500 US, Who’s Who Legal, Benchmark Litigation and The Best Lawyers in America. In 2018, the team received a Tier 1 ranking in Product Liability, Mass Tort and Class Action: Consumer Products by The Legal 500 US. According to client feedback in the 2017 edition the publication, “[t]he ‘knowledgeable’ group at Sidley has notable experience handling high-value class actions for clients in the food and beverage, sports and cosmetics industries, among others.”
Sidley lawyers have handled litigation regarding:
- Marketing claims made in connection with cellulite-reducing products
- The labeling of aloe vera products
- Labeling and marketing of food and beverage products, including claims of “natural,” “raised without antibiotics” and “low carb”
- Marketing and labeling of dietary supplements, including health benefit claims and performance claims
- The cosmetic/drug classification for body lotion products
- Hand soaps and claims of effectiveness
- Pheromone-infused body wash and claims of “magnetic attraction”
- Challenges to advertising and marketing of pet food as safe and healthy for dogs
- The handling of a fast food coupon promotion