Advertising & Marketing
- Participated in marketing and labeling pre-launch team, working side by side with biological client team to craft marketing messages and product labeling for product launch.
- Defeated class certification in federal court action in California alleging false and misleading marketing based on fraud, unfair competition (§ 17200), and warranty theories. Action was pending less than nine months when the court rejected class certification.
- Represented Perfumania, Inc. in a nationwide class action pertaining to alleged violations of the TCPA, with the plaintiffs seeking between $10 million and $20 million of damages. The case presented novel issues of liability under the TCPA, as well as standing to pursue class under the Supreme Court decision in Spokeo and its progeny. We mounted a spirited defense and obtained a settlement at a very small fraction of the claimed damages.
- Defended a global manufacturer of over-the-counter health and beauty products in a class action alleging false and misleading statements on labels of homeopathic products, brought under California (UCL, FAL, CLRA) and Florida (FUDTPA) consumer protection laws.
- Successfully settled a class action on favorable terms in which our client, a global leader in dental technology and instrumentation, was sued for alleged violations of the Telephone Consumer Protection Act (TCPA) for sending unsolicited faxes.
- Represented 24 Hour Fitness in a TCPA class action matter in CA. Matter was resolved quickly and efficiently via favorable settlement agreement.
- Represented Hot Topic, a clothing retailer, in a class action alleging that Hot Topic sent texts to customers without prior express consent and thus violated the TCPA. Matter was resolved via a favorable class-wide settlement, which included a $1,485,000 reverter to the company.
- Advised a nonprofit healthcare provider on state pharmacy laws relating to licensing, patient choice, mail order pharmacies, autorefill programs, and refills by mail and labeling.
- Represented Bradshaw Homes, a consumer products design and manufacture company, in launching an advertising campaign around its Infuse Mop product line. We advised on claims substantiation, targeted risk assessment, pre-publication review and clearance of marketing materials, and other issues leading up to launch. The launch and subsequent sales have been very successful and unchallenged by third parties.
- We represented a manufacturer of personal care products regarding issues with product labeling. The client had received notice of potential labeling issues from suppliers and distributors, which could impact the client’s market position. We analyzed their labeling across multiple legal regimes, including FDA rules and California state regulations, and guided the client to successfully respond to the issues from its supply and distribution chain, make necessary adjustments to retain shelf space, and avoid the issue escalating to a regulatory challenge, which allowed the client to continue offering its products.
- Defended surgical instrument device manufacturer against Lanham Act claims of false advertising claims, and successfully dismissed the lawsuit. Subsequently, we filed in a different venue a false advertising suit against the same competitor, positioning our client as the rightful plaintiff.
- Conducted promotional review of a new over-the-counter (OTC) medical device website and other consumer-directed marketing materials and advised on FDA and FTC promotional risks.
- Advise multiple OTC medical device companies on ongoing advertising, research, and public safety matters pertaining to their respective products and related offerings.
- Provided compliance recommendations to foreign prescription biopharmaceutical company launching both branded product and disease awareness websites and other digital content in the U.S. following first FDA marketing approvals.
- Successfully resolved a putative nationwide class action alleging violations of the NY and other state unfair trade practices acts regarding the use of the advertising term “Natural” in personal care products.
- Defended a national retail pharmacy chain which manufactures, retails and distributes a private label of homeopathic products in a putative class action alleging false and misleading statements on labels of private label homeopathic products, brought under California (UCL, FAL, CLRA) consumer protection laws. Settled on terms very favorable to client before class certification briefed.
- Defended a consumer goods corporation in a putative class action alleging false and misleading statements on labels of various home care products, brought under New York (GBL §§ 349, 350) consumer protection laws.
- Assisted a food retailer in responding to a CLRA demand letter alleging false and misleading statements on labels of food products brought under California (UCL, FAL, CLRA) consumer protection laws. Settled favorably before lawsuit filed.
Case Study
Mintz obtained a dismissal of a Telephone Consumer Protection Act class action for Hofman Hospitality Group restaurant Lucille’s BBQ without any discovery. The plaintiff claimed a text message about a dinner reservation that contained a link to specials violated the TCPA.