Loeb & Loeb Launches Health and Wellness Marketing Compliance Task Force

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Loeb & Loeb LLP announced today that the firm has launched a Health and Wellness Marketing Compliance Task Force in response to the increase in regulatory enforcement actions and consumer class action lawsuits targeting producers and sellers of food, health and beauty products.

“The task force will formalize our ongoing efforts to stay in front of legal developments that might impede the success of our clients’ businesses," said Kiser.

Loeb & Loeb LLP announced today that the firm has launched a Health and Wellness Marketing Compliance Task Force in response to the increase in regulatory enforcement actions and consumer class action lawsuits targeting producers and sellers of food, health and beauty products. The new Task Force, which will be housed under the firm’s Consumer Protection Defense Department, will be headed by partners Mark Campbell and Livia Kiser.

“The Federal Trade Commission and States Attorney Generals are closely scrutinizing marketing and advertising practices looking for misleading product claims, including product misbranding and mislabeling,” said Campbell, who also serves as Deputy Chair of Loeb & Loeb’s Consumer Protection Defense and Litigation departments. “The regulatory framework governing the labeling and marketing of food, health and beauty products is ambiguous at both state and federal levels and, as a result, we have seen a proliferation of lawsuits over marketing and advertising practices in this space, which our new task force of legal experts will work to continue to address.”

Of particular regulatory focus are:

  •     Benefits ascribed to health and beauty products
  •     Products described as “natural” or “all natural”
  •     Products labeled “organic”
  •     Products deemed dangerously unhealthy (e.g., high in trans-fats)
  •     Responsible product sourcing
  •     Products containing genetically modified organisms (GMOs)
  •     Products characterized as “green” or “sustainable”

Kiser commented: “The task force will formalize our ongoing efforts to stay in front of legal developments that might impede the success of our clients’ businesses. Formalizing our niche in the health and wellness sector will only help to provide clients who operate in these industries with sound and up to date advice, as well as skilled and strategic defense.”

“We understand the regulatory environment and the nuances of these claims, as well as the unique defense strategies that must be employed to resolve these matters quickly, efficiently and quietly for our clients,” said Michael Mallow, Chair of Loeb & Loeb’s Consumer Protection Defense Department, who also has substantial experience defending regulatory and class actions related to health, beauty and wellness products, including a trial against the FTC related to dietary supplement marketing. “Loeb & Loeb’s outstanding track record defeating class certification or defending class action lawsuits to victory illustrates the effectiveness of our unique approach,” he added.

Loeb & Loeb’s Health and Wellness Marketing Compliance Task Force is composed of experienced litigators and trial attorneys who will help companies avoid liability, manage risk and resolve disputes. Services in this area include reviewing product marketing and labeling, counseling on claims substantiation issues, developing policies and procedures regarding data and documentation preservation, and defending consumer class action lawsuits and federal and state regulatory actions and investigations.

Other lawyers in the Task Force include: Tamara Carmichael, Albert Cohen, David Grace, Thomas Jirgal, Michael Mallow, Douglas Masters, Rachel Rappaport, Denise Smith-Mars and Michael Thurman.

In addition to the Health and Wellness Marketing Compliance Task Force, Loeb & Loeb has a Consumer Financial Protection Bureau Task Force of lawyers who defend investigations and enforcement actions alleging violations of consumer protection and unfair competition laws, and a Dodd-Frank Financial Reform Task Force that was assembled to monitor certain key issues surrounding the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Loeb & Loeb LLP is a multi-service law firm with more than 300 attorneys focusing on select practice areas, rather than endeavoring to be all things to all clients. The firm is recognized as a leading law firm in the areas of advanced media; bankruptcy, restructuring and creditors' rights; business litigation; capital markets; energy; entertainment; finance; intellectual property; mergers and acquisitions; real estate; securities; technology; and tax and wealth services. Loeb & Loeb has six offices in Los Angeles, New York, Chicago, Nashville, Washington, DC, and Beijing, as well as an affiliate office in Hong Kong. For more information please visit http://www.loeb.com.

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