Food and Drug Litigation
Food and Drug Litigation
Kelley Drye’s food and drug and litigation teams guide clients through the thicket of business litigation.  Known for effectively resolving challenging cases, we defend companies when the safety, quality, labeling or marketing claims for their products are challenged in private lawsuits, including those brought by competitors and on behalf of consumers.

We have substantial experience defending clients in cases presenting significant First Amendment and Federal Preemption issues.  Additionally, we help clients defend their product brands and markets by challenging the unlawful products and deceptive marketing products of their competitors, including both domestic and international competitors.

We defend class actions across the United States, including plaintiff-friendly jurisdictions in California, Florida and Illinois.  Our team is experienced in handling multiple related class actions in federal and state court, including working efficiently with co-counsel to defend claims against multiple defendants where mutual interests have been identified.

Our litigators have tried significant and challenging cases in federal and state courts, arbitration tribunals and administrative bodies around the country.  It is our strongly held view that to obtain the best results in a litigation at the lowest possible cost and with efficient use of resources, the strategy and the key tasks need to be handled by experienced trial lawyers who can develop a compelling narrative around the client’s position.  Too many firms leave depositions, brief writing, discovery and even strategy to litigators who are not trial tested.  As a result, there is often wasted discovery with costly wheel spinning and lost opportunities to develop the key evidence that will have a powerful effect in promoting a resolution or winning a trial.  Our litigation partners lead cases with hands-on involvement and in the process train associates to properly develop the best evidence to promote settlements or win trials.

As with all litigation, we focus on early case assessment and the identification of strategies that will best advance our client’s interests.  These include evaluation of the options for moving for dismissal or removal, as well as making overtures for mediation or settlement, if necessary.  Although trials in class actions are quite rare, our approach to staffing cases ensures that an experienced trial lawyer is planning for that possibility.

  • Successfully defended food manufacturers in lawsuits brought by competitors alleging that product marketing claims violate federal and state laws.

  • Represented pharmaceutical companies in cases alleging consumer fraud, unfair trade practices and fraudulent price reporting and marketing in the pharmaceutical industry.

  • Successfully challenged ads before the NAD implying that a quick service restaurant's hamburgers contained substantially more meat than our client’s.

  • Successfully defended a dietary supplement manufacturer against a number of consecutive claim-substantiation challenges initiated by competitors before the NAD, regarding advertising for weight loss dietary and other nutritional supplement products.

  • Successfully represented a nutritional supplement manufacturer in false advertising litigation challenging a former U.S. distributor.

  • Represented a national marketer of nutritional supplements in litigation filed by the Department of Justice alleging violations of a prior FTC order.

  • Represented two drug companies in litigation involving product safety claims that a pharmaceutical product caused bodily injury.

 
 

Overview

Kelley Drye’s food and drug and litigation teams guide clients through the thicket of business litigation.  Known for effectively resolving challenging cases, we defend companies when the safety, quality, labeling or marketing claims for their products are challenged in private lawsuits, including those brought by competitors and on behalf of consumers.

We have substantial experience defending clients in cases presenting significant First Amendment and Federal Preemption issues.  Additionally, we help clients defend their product brands and markets by challenging the unlawful products and deceptive marketing products of their competitors, including both domestic and international competitors.

We defend class actions across the United States, including plaintiff-friendly jurisdictions in California, Florida and Illinois.  Our team is experienced in handling multiple related class actions in federal and state court, including working efficiently with co-counsel to defend claims against multiple defendants where mutual interests have been identified.

Our litigators have tried significant and challenging cases in federal and state courts, arbitration tribunals and administrative bodies around the country.  It is our strongly held view that to obtain the best results in a litigation at the lowest possible cost and with efficient use of resources, the strategy and the key tasks need to be handled by experienced trial lawyers who can develop a compelling narrative around the client’s position.  Too many firms leave depositions, brief writing, discovery and even strategy to litigators who are not trial tested.  As a result, there is often wasted discovery with costly wheel spinning and lost opportunities to develop the key evidence that will have a powerful effect in promoting a resolution or winning a trial.  Our litigation partners lead cases with hands-on involvement and in the process train associates to properly develop the best evidence to promote settlements or win trials.

As with all litigation, we focus on early case assessment and the identification of strategies that will best advance our client’s interests.  These include evaluation of the options for moving for dismissal or removal, as well as making overtures for mediation or settlement, if necessary.  Although trials in class actions are quite rare, our approach to staffing cases ensures that an experienced trial lawyer is planning for that possibility.

Experience

  • Successfully defended food manufacturers in lawsuits brought by competitors alleging that product marketing claims violate federal and state laws.

  • Represented pharmaceutical companies in cases alleging consumer fraud, unfair trade practices and fraudulent price reporting and marketing in the pharmaceutical industry.

  • Successfully challenged ads before the NAD implying that a quick service restaurant's hamburgers contained substantially more meat than our client’s.

  • Successfully defended a dietary supplement manufacturer against a number of consecutive claim-substantiation challenges initiated by competitors before the NAD, regarding advertising for weight loss dietary and other nutritional supplement products.

  • Successfully represented a nutritional supplement manufacturer in false advertising litigation challenging a former U.S. distributor.

  • Represented a national marketer of nutritional supplements in litigation filed by the Department of Justice alleging violations of a prior FTC order.

  • Represented two drug companies in litigation involving product safety claims that a pharmaceutical product caused bodily injury.

Partner
Email (202) 342-8582(202) 342-8582
Sarah Roller, J.D., R.D., M.P.H., is a partner in the firm’s Washington, D.C. office and chair of the Food and Drug Law practice.  She focuses her practice on the representation of U.S....
Partner
Email (973) 503-5922(973) 503-5922
A formidable litigator, compelling advocate and dynamic negotiator, Jeff Castello has represented a number of large corporations in complex food, beverage and consumer product false advertising an...
Partner
Email (310) 712-6125(310) 712-6125
Lee Brenner serves as chair of the firm’s nationwide Media and Entertainment practice group.  Lee is dedicated to getting the result his clients want, and focuses on creativity when it ...
Partner
Email (212) 808-5082(212) 808-5082
Michael Lynch is chair of the firm’s Litigation practice.  Michael has extensive trial experience, both from his days as a prosecutor in New York City under the legendary Robert Morgent...
Partner
Email (212) 808-7586(212) 808-7586
Damon Suden is an experienced and talented litigator and trial attorney.  His practice includes commercial and complex civil litigation and class action defense in both state and federal court...
Partner
Email (212) 808-7985(212) 808-7985
David Zalman’s practice involves commercial and complex civil litigation, including contract disputes, unfair competition, theft of trade secrets, false advertising, real estate disputes, l...
Of Counsel
Email (202) 342-8646 (202) 342-8646
Jodie Bernstein is of counsel in the firm’s Washington, D.C. office. She is widely respected among consumer groups, industry organizations and the private bar as one the country’s leadi...
Special Counsel
Email (212) 808-7843(212) 808-7843
Jaclyn Metzinger focuses her practice on commercial and complex civil litigation in both state and federal courts.  Her experience includes consumer class actions and false advertising claims,...