Understanding How Consumer Protection Groups, and the Plaintiff’s Bar Are Working in Tandem to Police Claims, Labeling, and Other Marketing Practices Leading to Class Actions

October 17, 2023 9:00am

Thomas A. Evans
Partner
Alston & Bird

Amy Mudge
Partner and Chair Advertising, Marketing and Digital Media Team
Baker & Hostetler LLP

Claudia Lewis
Partner
Venable

  • How is the plaintiff’s bar targeting labeling practices governed by the FDCA and other statutes that do not include a private right of action?
  • Understanding the role that consumer protection groups (and third parties that hold themselves out as consumer protection organizations) play in policing claims and labeling practices that springboard into class actions
    • Assessing the DC Consumer Protection Procedures Act and precedent allowing third-party consumer protection groups the right to sue for allegedly false or misleading claims
    • How can companies defend against third-party lawsuits and reduce the risk of these lawsuits?
    • Understanding how industry can work with regulators and consumer protection groups to ensure proper claims and self-police thereby avoiding class actions
  • Examining the plaintiff’s bar’s recent attempts to police claims and labeling like government regulators through recent class action activity