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 2022, in which the Sidley team is highly ranked for Nationwide Product Liability: Consumer Class Actions. The team is also ranked in other notable publications such as Who’s Who Legal, Benchmark Litigation, and The Best Lawyers in America. 

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