Katie Rogers

Special Counsel

Phone number
(202) 342-8455

Katie Rogers helps her clients balance and mitigate legal risks with advertising campaigns, particularly those involving ESG and health product messaging. She has extensive experience advising businesses on a broad range of sustainability practices, including goals to reduce carbon emissions, waste, and chemicals of concern. She also regularly works with FDA-regulated companies, such as supplement and cosmetic brands, to ensure products are safe and that the messaging matches the underlying support.

Sustainability is at the forefront of many clients’ business goals, and Katie helps guide them through the development of ESG projects, advises on legal risks based on applicable laws and regulations, and collaborates on public-facing messages related to these projects. With a deep understanding of the diverse and complex laws, regulations, and guidance that impact businesses in this area, Katie offers strategic direction for businesses to develop a framework for complex sustainability practices that align to the changing legal landscape.

Katie regularly works with FDA-regulated companies, such as supplement, food, and cosmetic brands, to ensure the products are safe and that the messaging matches the underlying support. Where substantiation is lacking, she advises companies on the type of testing that may be required to support the claims. Katie also helps manage product recalls and defends brands against legal challenges. She has worked on a number of GRAS evaluations for food packaging products to ensure the intended use is safe and in compliance with FDA requirements.

Katie advises clients on general consumer protection matters including promotions, such as sweepstakes and contests, endorsements and testimonials, and privacy implications related to advertising in a variety of media. Katie’s experience defending pre-litigation demands and NAD challenges allows her to deliver strategic, business-aligned solutions for her clients.

Providing her with the knowledge and expertise of an in-house attorney, Katie has supported a number of companies through long-term secondments, to a Fortune 500 software provider, a major shoe and apparel brand, a large food manufacturing company, and a franchisor and operator of fitness centers.

“While I enjoy the intellectual challenge of my work, the relationships I build with my clients are the most rewarding part of my job.”

Managed major food recall, including guidance on all aspects of communication with regulators, stakeholders, and end customers. Provided guidance on mitigating risk of post-recall litigation.

Assisted companies on preparing applications and testing for environmental certifications, such as home and industrial compostable, organic, and bio-based.

Represented brands in the review and development of sustainability and general ESG claims and substantiation for those claims.

Negotiated sustainability provisions in framework agreement for sourcing cocoa.

Advised companies on PFAS safety considerations and other chemical safety claims and testing.

Prepared risk assessment related to the rollout of carbon reduction efforts in supply chain and messaging related to same.

Advised cosmetic brands on adequacy of substantiation for product benefit claims.

Negotiated supply, licensing, and partnership agreements for clients.

Successfully defended pre-litigation demands, NAD challenges, and NARB appeals.

Advised a number of clients on extended producer responsibility laws and requirements for packaging.

Managed ongoing review of large retailer’s product labels to ensure compliance with CPSC requirements.

Represented a consumer products company in a due diligence review to identify legal risks associated with potential acquisition of a multi-level marketing company manufacturing and distributing nutritional supplements.

Assisted major retailers with interpreting and complying with the FTC’s Textile Act, Wool Act, and Fur Products Labeling Act.

Assisted industry trade groups and clients in preparing comments on the proposed revisions to the FTC’s Green Guides for 2012 updates and updates requested in 2022.

Successfully represented insulation company in an investigation by the FTC regarding safety and environmental benefit claims.

Advised major food and beverage company on safety and suitability of products and components under FDA laws and regulations. This included regulatory review of chemical components, advice related to test protocols, work with outside scientific advisor, and preparation of legal opinion letters.

Long-term secondment to a Fortune 500 software provider company assisting the legal team with privacy compliance, negotiating agreements with technology partners, and reviewing promotions.

Long-term secondment to a major shoe and apparel brand advising on product performance and environmental benefit claims and support.

Seconded to a large nutritional food manufacturing company, assisting the legal team with endorsements and testimonial claims, subscription marketing, and providing guidance on survey methodology.

Seconded to franchisor and operator of fitness centers, negotiating a variety of agreements.