消费者欺诈/产品集团诉讼
概述
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.
Recognition for the Practice
News & Insights
- “The ‘Natural’ Cases: An Update After FDA’s Request for Comments,” Natural Products INSIDER (February 3, 2016).
- “Class Action Settlement Standards and Issue Certification Update,” The International Comparative Legal Guide To: Class & Group Actions (2016).
- “Construction Products in Class Action Litigation,” Hardware + Building Supply Dealer (October 2, 2015).
- “Potential Changes to Rule 23 and Class Actions: Mootness and Issue Classes,” ACC Docket.com (September 22, 2015).
- “Cosmeceuticals: The Next Wave of Class-Action Litigation,” InsideCounsel (July 15, 2015).
- “The Products of Tomorrow,” InsideCounsel (July 1, 2015).
- “‘Prior substantiation’ theory no good in consumer actions,” Daily Journal (June 17, 2015).
- “The Unpurchased Consumer Products Issue in Class Actions,” American Bar Association, Products Liability, News & Developments (June 10, 2015).
- “Common sense bar to consumer class actions,” Daily Journal (April 15, 2015).
- “Litigation Trends Affecting Supplement Companies and What to Do About Them,” Natural Products INSIDER (April 15, 2015).
- “Federal Preemption of Food Labeling Claims,” BNA’s Product Safety & Liability Reporter (January 12, 2015).
- “Top 10 Strategies to Mitigate E-Discovery Risk in Consumer Class Actions,” InsideCounsel (November 5, 2014).
- “Spike in false advertising legal challenges to the cosmetics industry,” Cosmetics Design (October 14, 2014).
- “5 Tips For Targeting Pleadings In Consumer Class Actions,” Law360 (July 16, 2014).
- “New Hope For Challenging Putative Consumer Fraud Class Actions At The Pleading Stage,” Mondaq (July 15, 2014).
- “Green Light for More Deceptive Labeling Class Actions,” Law360 (August 23, 2013).
- “The Elephant in the Room: Contingency Fees and the Future of Coupon Settlements After In re HP Inkjet Printer Litigation,” Bloomberg BNA (July 15, 2013).
Speaking engagements
- Speaker, “Regulatory Climate for Aloe Vera,” 2016 Fifth Annual American Herbal Products Association (AHPA) Botanical Congress (October 8, 2016).
- Presenter, “Functional Food Developments,” 4th Annual Food & Beverage Litigation, Compliance & Regulatory Exchange, Loyola University, Chicago (September 2016).
- Presenter, “Cosmetics Labeling 101,” Natural Productions Association Webinar (September 2016).
- Moderator, “Ethics in Class Action Settlements,” ABA Food & Supplements Subcommittee Workshop, Pepsi Co., NY (June 2016).
- Presenter, “Cases and Issues to Watch in 2016,” Momentum LIVE Webinar (May 3, 2016).
- Panelist, “Consumer Fraud Class Actions in the Refund Space,” Sidley Austin LLP Life Sciences College: 2016 Global Strategies: Pharmaceutical, Biotech, Medical Device and Diagnostics Challenges (March 10, 2016).
- Speaker, “Class Action Lawsuits: Understanding the Current Landscape to Reduce Your Risk,” CRN and Informa Exhibitions Webinar (June 9, 2015).
- Speaker, “Foreign Labels In US Litigation: Why Companies Should Consider Global Labeling Reviews,” Association of Corporate Counsel (May 14, 2015).
- Speaker, “Class Action Litigation and Settlement 101,” American Conference Institute’s Second Annual Legal, Regulatory and Compliance Forum on Cosmetics (March 2, 2015).
- Speaker, “Five Tips for Prepping a Foreign Witness to Testify,” ABA Section of Litigation, Products Liability Committee Sound Advice recording (July 2014).
- Co-Chair, 2014 National Consumer Class Action Litigation & Management Conference (June 12–13, 2014).
- Speaker, “Pre- And Early-Litigation Risk Assessments,” 4th Annual Sidley Illinois MCLE Mini Marathon 2011 (June 15, 2011).











