Advertising and Consumer Class Actions

  • In re: SmithKline Beecham Consumer Health Care 
    Represented SmithKline in investigations by more than 20 State Attorneys General into its advertising practices for its OTC smoking cessation products. Obtained favorable settlements.
  • SmithKline Beecham Consumer Healthcare v. Watson Pharmaceuticals
    Represented SmithKline as lead counsel preliminarily enjoining generic competitor's use of its copyrighted label on competing OTC nicotine gum. Obtained a favorable settlement.
  • GlaxoSmithKline Consumer Healthcare v. Pharmacia Corp.
    Represented GSK as lead counsel in false advertising litigations involving OTC smoking cessation products. Obtained favorable preliminary injunction rulings.
  • Johnson & Johnson * Merck v. SmithKline Beecham
    Represented SmithKline as lead counsel defeating a preliminary injunction motion filed by Mylanta alleging that Tums' "calcium rich, aluminum-free" ads were false and misleading. After a five day bench trial, the court dismissed all claims against SmithKline, a result that was affirmed on appeal.
  • FTC v. Airborne Health, Inc.; Wilson v. Airborne Health Inc.; In re: Airborne Health Inc.
    Represented Airborne, maker of the popular dietary health supplement, in an FTC investigation, a multi-state Attorney General investigation, and a nationwide consumer class action. The investigations and class action plaintiffs alleged, inter alia, false advertising and violations of federal, California and other state consumer protection laws based upon asserted claims that Airborne falsely claimed that it cured or lessened the severity of cold symptoms. Achieved creative settlement of the class action and FTC investigation that involved monetary relief; settlement was also reached with the State Attorneys General.
  • Perdue v. Bristol-Myers Squibb; Barnard v. Bristol-Myers Squibb
    Represented Bristol-Myers Squibb in state consumer fraud class action litigations brought under Illinois Consumer Fraud Act alleging that its advertising of a nasal decongestant and hand lotion was deceptive. One action dismissed with prejudice; ultimate result was a joint settlement of both cases on terms extremely favorable to the client.
  • Sanderson Farms, Inc., et al. v. Tyson Foods, Inc.
    Won a major court victory for Tyson, as lead counsel, over several poultry industry competitors by defeating a request for a temporary restraining order regarding its labeling and advertising.
  • Representing Gillette in various advertising challenges to its razor products by competitors.