Representative Engagements - Labeling and Marketability
Pepper advises on requirements governing or affecting advertising and marketing
products including the Federal Trade Commission green marketing regulations, California
Safe Drinking Water Enforcement Act (Proposition 65) toxics warning law, state and
federal product labeling and advertising requirements, as well as product liability
law.
We counsel clients on compliance with Federal Trade Commission rules and policies
applicable to labeling, advertising and marketing. In addition, we represent clients
injured by deceptive marketing campaigns or deceptive advertising. Where appropriate,
we aggressively challenge deceptive marketing practices in the courts. If a client
is facing substantial economic harm due to deceptive advertising or marketing, we
often work closely with the FTC staff to discourage the unlawful conduct.
Pepper defended an oil company in consumer fraud class actions in Pennsylvania and
New Jersey regarding the allegedly false advertising of its gasoline to consumers,
which resulted in denial of class certification and a landmark decision by the Pennsylvania
Supreme Court under the Pennsylvania Unfair Trade Practices and Consumer Protection
Law.
Pepper defended manufacturers and distributors engulfed in Proposition 65 private
attorney general enforcement actions, including actions involving water faucets,
water filters, antacids, and body building supplements. Pepper also counseled clients
on methods of determining compliance with Proposition 65.
