False Advertising & Unfair Competition

With the rise of competition in the food, beverage, cosmetics, drugs, and device spaces, companies in these industries are increasingly subject to claims of deceptive advertising about health benefits. Many times the claims require a scientific expertise that can analyze the justification for the claim. We help clients substantiate claims, where possible.

We understand when advertising claims may cross line into deceptive advertising; deceptive measurements or quantities; deceptive comparisons; and deceptive pricing. 

Our Litigation practice group steps in when our clients face adversarial challenges from government entities, competitor corporations, and from consumers in class actions alleging labeling, advertising and safety violations. Our firm has deep experience in FDA, USDA, and FTC disputes, and commercial breach of contract claims. 

By thoroughly understanding the complexities of all facets of the food and drug industries, we are highly qualified to vigorously defend our clients’ interests in a range of forums from state and federal courts to regulatory agencies to alternative dispute resolution. Our team is prized for innovative litigation strategies which are increasingly emulated by others in this field and which provide streamlined and effective results.

A common form of false advertising involves deceptive or misleading product descriptions, particularly claims that a product has certain features or benefits that it does not, or that it is of a higher quality than it actually is. Examples include:

• Use of misleading terms, such as “organic,” “natural,” or “light”; 
• False claims of scientific support, or endorsement by scientific or medical authorities; 
• Misleading illustrations or photographs; 
• Use of coloring or other modifications to make a product appear to be of a different quality; or 
• Falsely claiming that a product contains certain ingredients, or misrepresenting the quantity of an ingredient.

FDA Unapproved Drugs Under DESI or Grandfathered Drugs Programs

We have significant experience in advertising related to DESI, grandfathered, or other unapproved drugs. For example, a drug company may obtain full FDA approval for a previously unapproved drug. We work with the FDA and in the courts to obtain withdrawal of the unapproved versions. We also assist unapproved drug holders defending against unfair competition and false advertising claims. We have experience in defending actions brought under Section 43(a) and under the FDCA.

To learn more about our Patent Litigation expertise, please see our in-depth practice description HERE.

To learn more about our Commercial Litigation expertise, please see our in-depth practice description HERE.

For Branded Companies seeking NDA or 505(b)(2) approvals, please see our in-depth practice description HERE.

For Generic Companies seeking ANDA or 505(b)(2) approvals, please see our in-depth practice description HERE.

For Medical Device Companies, please see our in-depth practice description HERE.