Jenner & Block

Consumer Law

Representative Engagements

Consumer Fraud / False Labeling Class Actions

  • Our team has handled more than 30 consumer class action lawsuits for clients in the food industry in the last three years, and has deep legal and factual knowledge of “natural” and GMO issues.  A brief selection of our recent and ongoing matters include:
    • Representing an American food product manufacturer in multiple cases alleging that its branded cooking oils contain GMO ingredients and therefore cannot be labeled as “all natural.”
    • Representing a well-known tea and food company against allegations that the “100% natural” label on its teas are deceptive.
    • Representing an American multinational food manufacturing company in a suit alleging that the company’s “all natural” labels are deceptive.
    • Represented an American food company against allegations that the “all natural” claims made on its products are misleading because 13 of the ingredients are allegedly synthetic or artificial; plaintiffs sought a nationwide class comprising over 100 products.
    • Represented an American grocery manufacturing and processing conglomerate against allegations that the use of the word “natural” in its “natural cheese” products was deceptive.
    • Represented a multinational confectionery, food and beverage conglomerate against allegations that the packaging for its fruit and pastry cookies falsely portrays more fruit content than they actually contain.
    • Represented a soy foods company against allegations of various FDA violations in the labeling of its soy yogurt.
    • Represented an American multinational food manufacturing company in matters that allege that the fruit content of Pop Tarts and Fruit Snacks was mislabeled.
    • Represented an American multinational food manufacturing company in a lawsuit challenging the “100% whole wheat” label found on Wheat Thins.
    • Represented a well-known tea and food company against allegations that its juices were falsely advertised as “raw” and “unpasteurized.”
    • Represented  American grocery manufacturing and processing conglomerate against allegations of deceptive marketing of its branded coffee brewing system by failing to inform consumers that the company and a well-known coffee company had terminated their licensing agreement.
  • Defending a major electronics manufacturer against a class action complaint filed in the District of New Jersey, alleging that the company's advertising of LED TVs constitutes false advertising and misleads consumers.
  • Representing a multinational manufacturer and marketer of consumer and professional products in a matter in which plaintiffs alleged that the company’s cat litter was falsely advertised as having superior odor-fighting abilities.
  • Representing an American rental car company against allegations that the company systematically defrauded customers in the sale of certain optional products.
  • Defended a national retail firm in a class action lawsuit in the Central District of California (removed from LA Superior Court) alleging false advertising and unfair business practices.
  • Defended a major electronics manufacturer facing investigation by district attorneys for alleged consumer fraud under California’s consumer protection statute, Section 17200.
  • Defended an international electronics manufacturer against claims of consumer fraud and breach of warranty in a nationwide class action in the District Court of New Jersey.  Represented the same client in matters threatened but not brought under that state’s consumer protection statutes.
  • Defended a prominent national rewards firm against claims based on violations of state usury laws and unfair and deceptive trade practices. 

 

Consumer Finance Litigation, including CFPB

  • Serving as national counsel to a group of consumer installment lenders and loan servicers facing civil litigation and regulatory enforcement actions throughout the country, including a first-of-its-kind lawsuit brought by the CFPB.
  • Representing a major bank on matters arising under the CFPB related to credit cards.
  • Providing regulatory advice and counsel to the financial arm of a Fortune 10 company on a variety of CFPB issues, including fair lending, credit cards, and debt collection.
  • Counseling a provider of a new consumer housing finance product on product design and engagement with the CFPB.
  • Defended a credit lending company in putative class actions brought under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act.
  • Represented a restaurant franchisor in class litigation alleging violation of credit card reporting laws, obtaining dismissal of the complaint with prejudice. 

 

Consumer Privacy / TCPA

  • Represented an employer and payroll services provider in a TCPA class action arising from alleged unsolicited calls made using an automatic telephone dialing system.
  • Represented a subsidiary of an American car rental company in a TCPA class action in Kansas state court based on the transmission of allegedly unsolicited faxed advertisements.
  • Represented one of the largest debt buying companies in the United States, in a multidistrict litigation in the Southern District of California that encompasses multiple TCPA class actions.  The complaints alleged that our client violated TCPA by using an automatic telephone dialing system to place calls to consumers’ cell phones.
  • Represented a marketing company in an action in the Northern District of Illinois against a putative class alleging autodialed calls to cellular telephones and violations of the federal Do-Not-Call list regulations.
  • Represented a mortgage lending company in a TCPA class action pending in federal court in Missouri based on allegations of the unlawful transmission of unsolicited faxes.

 

Supplier/Vendor Disputes

  • Lead trial counsel in representation of an American multinational food manufacturing company  in a breach of contract suit against two suppliers, claiming that the high level of hydrocarbons in cereal liners provided by the suppliers was responsible for a $70 million recall of several varieties of the company’s cereals.
  • Representing a multinational chemical corporation in a contract dispute with an oil and chemical supply company involving the development and production of polyethylene wax products. 
  • Prosecuting contract and indemnity claims on behalf of a national pharmaceutical company against a supplier of defective raw materials for pharmaceutical products.
  • Defended a Fortune 500 retailer in class action litigation brought against numerous manufacturers, distributors, and retailers of mini-blinds alleging breach of warranty, breach of covenants of good faith and fair dealing, common law fraud, deceptive practices and civil conspiracy.
  • Representing a major financial services provider that settled class actions brought by consumers in an insurance claim against the client’s errors and omissions insurer.