Consumer and Commercial Litigation
OFW Law represents FDA and USDA-regulated businesses in high-stakes consumer litigation, class actions, and commercial disputes across federal and state courts.
Our Litigation Services
California Proposition 65 Defense
We represent companies responding to 60-Day Notices of Violation and defending Prop 65 litigation throughout California. Our attorneys negotiate settlements when appropriate, defend cases with strong scientific or legal merit, and develop compliance strategies to reduce future exposure. With deep knowledge of OEHHA regulations and chemical testing protocols, we provide practical defense strategies for food, supplement, and consumer product manufacturers.
Learn more about Prop 65 complianceClass Action Consumer Protection Defense
OFW Law defends businesses against class action lawsuits alleging false advertising, deceptive trade practices, unfair competition, and consumer fraud under state consumer protection statutes. We handle motions to dismiss, class certification opposition, discovery, and trial defense. Our experience spans food labeling claims, “all natural” allegations, ingredient sourcing disputes, and marketing representation challenges.
Contact our class action defense teamCommercial and Business Litigation
Beyond consumer matters, we represent companies in business-to-business disputes involving contracts, trade secrets, business interference, and unfair competition. Our clients need attorneys who understand how regulatory compliance obligations intersect with commercial relationships. We litigate breach of contract claims, supply agreement disputes, licensing disagreements, and intellectual property misappropriation for FDA and USDA-regulated businesses.
Discuss your commercial disputeFalse Advertising and Lanham Act Litigation
The federal Lanham Act allows businesses to challenge competitor advertising claims. We represent both plaintiffs pursuing false advertising claims and defendants facing allegations from competitors. Our scientific literacy and regulatory knowledge strengthen cases involving structure-function claims, comparative advertising, health benefit representations, and technical product specifications. We also defend against National Advertising Division challenges filed with the Better Business Bureau.
Explore false advertising defenseFood Labeling and Misbranding Defense
Companies face misbranding allegations under federal and state law, triggering both regulatory enforcement and private litigation. We defend businesses in court while coordinating with ongoing FDA or USDA proceedings. Our attorneys analyze label review history, regulatory guidance documents, and competitive labeling to build defenses demonstrating good faith compliance efforts. We address the intersection of regulatory standards and common law fraud or consumer protection claims.
Review food labeling complianceUnfair and Deceptive Trade Practice Litigation
State unfair and deceptive trade practice statutes create significant litigation exposure with provisions allowing attorney’s fees and statutory damages. We defend against these claims across multiple jurisdictions, understanding how different states define unfair and deceptive conduct. Many cases involve marketing claims that technically comply with federal standards but allegedly deceive consumers under state law, raising complex preemption and regulatory deference questions.
Speak with our litigation attorneysWhy Choose OFW Law for Litigation Defense
Regulatory Expertise That Strengthens Litigation Defense
Most litigation firms lack the regulatory depth to effectively defend FDA and USDA-regulated companies. Our attorneys have represented businesses before the Food and Drug Administration, United States Department of Agriculture, and Customs and Border Protection.
This background provides critical advantages:
- We understand the technical and scientific issues underlying labeling, safety, and efficacy claims
- We recognize when agency positions support or undermine litigation theories
- We anticipate how regulatory developments affect pending cases
- We maintain relationships with subject matter experts in food science, toxicology, and analytical chemistry
Industry-Specific Focus
OFW Law concentrates on FDA and USDA-regulated industries. We represent:
- Food manufacturers
- Dietary supplement companies
- Pharmaceutical firms
- Medical device makers
- Agricultural businesses
- Cannabis operators
This industry focus allows us to efficiently address the recurring legal and regulatory challenges our clients face in litigation.
Strategic Pre-Litigation Counseling
The litigation practice works closely with our regulatory compliance team to assess risk before disputes arise. We review marketing materials, evaluate label claims, analyze import/export documentation, and identify potential litigation exposures during product development.
Early identification of vulnerable positions allows companies to modify claims or gather supporting evidence before facing litigation.
Proven Track Record
Our litigation team has defended businesses in matters involving:
- California Proposition 65 settlements and trial defense
- Multi-district class action litigation in federal courts
- FDA and USDA enforcement actions with parallel civil litigation
- Lanham Act competitor disputes over advertising claims
- State consumer protection lawsuits across multiple jurisdictions
- Commercial contract disputes for regulated businesses
Approach to Litigation Matters
When clients face litigation threats or active lawsuits, OFW Law provides strategic counsel that accounts for both legal and business considerations.
| Service Component | What We Provide | Client Benefit |
|---|---|---|
| Immediate Case Assessment | Evaluate legal and factual merits, identify defenses, and develop litigation strategy accounting for regulatory context and business objectives | Fast, informed decision-making with clear understanding of strengths and vulnerabilities |
| Cost-Benefit Analysis | Candid assessments of litigation risk, settlement value, and business impact of various resolution paths | Make strategic choices about defense vs. settlement based on financial and reputational considerations |
| Coordinated Defense | Coordinate responses across parallel regulatory proceedings and private litigation to minimize inconsistent positions | Unified defense strategy that leverages regulatory compliance to strengthen litigation position |
| Expert Witness Management | Access to qualified experts in food science, toxicology, regulatory affairs, consumer perception, and analytical testing | Technical credibility and scientific support for complex defense theories |
| Settlement Negotiation | When settlement serves client interests, negotiate resolutions that protect reputation, limit precedent, and minimize financial exposure | Efficient resolution that avoids prolonged litigation costs while protecting business interests |
Types of Clients We Represent
The litigation practice serves corporate clients in FDA and USDA-regulated industries facing complex legal challenges.
Food & Beverage
Food and beverage manufacturers facing labeling or safety litigation
Dietary Supplements
Dietary supplement companies defending marketing claim challenges
Pharmaceutical
Pharmaceutical and drug manufacturers in consumer or competitor litigation
Medical Devices
Medical device companies addressing product liability or advertising claims
Agriculture
Agricultural producers and commodity boards in commercial disputes
Import/Export
Import/export businesses facing customs enforcement and related litigation
Cannabis & Hemp
Cannabis and hemp companies navigating federal and state law conflicts
Approach to Litigation Matters
When clients face litigation threats or active lawsuits, OFW Law provides strategic counsel that accounts for both legal and business considerations.
| Service Component | What We Provide | Client Benefit |
|---|---|---|
| Immediate Case Assessment | Evaluate legal and factual merits, identify defenses, and develop litigation strategy accounting for regulatory context and business objectives | Fast, informed decision-making with clear understanding of strengths and vulnerabilities |
| Cost-Benefit Analysis | Candid assessments of litigation risk, settlement value, and business impact of various resolution paths | Make strategic choices about defense vs. settlement based on financial and reputational considerations |
| Coordinated Defense | Coordinate responses across parallel regulatory proceedings and private litigation to minimize inconsistent positions | Unified defense strategy that leverages regulatory compliance to strengthen litigation position |
| Expert Witness Management | Access to qualified experts in food science, toxicology, regulatory affairs, consumer perception, and analytical testing | Technical credibility and scientific support for complex defense theories |
| Settlement Negotiation | When settlement serves client interests, negotiate resolutions that protect reputation, limit precedent, and minimize financial exposure | Efficient resolution that avoids prolonged litigation costs while protecting business interests |
Types of Clients We Represent
The litigation practice serves corporate clients in FDA and USDA-regulated industries facing complex legal challenges.
Food & Beverage
Food and beverage manufacturers facing labeling or safety litigation
Dietary Supplements
Dietary supplement companies defending marketing claim challenges
Pharmaceutical
Pharmaceutical and drug manufacturers in consumer or competitor litigation
Medical Devices
Medical device companies addressing product liability or advertising claims
Agriculture
Agricultural producers and commodity boards in commercial disputes
Import/Export
Import/export businesses facing customs enforcement and related litigation
Cannabis & Hemp
Cannabis and hemp companies navigating federal and state law conflicts
MEET OUR TEAM
Managing Principal, FDA Food Practice Head and Digital Health Practice Head
Schedule a Litigation Consultation
If your company faces threatened or active litigation, contact OFW Law’s Consumer and Commercial Litigation practice for strategic counsel.Our litigation attorneys provide candid assessments of legal risk, develop cost-effective defense strategies, and represent clients through resolution. With decades of regulatory and litigation experience defending FDA and USDA-regulated businesses, we understand both the compliance and courtroom dimensions of enforcement actions and private disputes.
Faqs About Consumer and Commercial Litigation
When should a company hire litigation counsel?
Contact litigation counsel immediately upon receiving a demand letter, 60-Day Notice under Proposition 65, class action complaint, or competitor challenge. Early involvement allows for better strategic positioning and often results in more favorable outcomes with lower defense costs.
How does regulatory compliance affect litigation defense?
Regulatory compliance provides strong defenses against consumer claims. Companies that follow FDA labeling requirements and maintain documentation of compliance efforts are better positioned to defend against false advertising and misbranding allegations. However, regulatory compliance does not guarantee immunity from private litigation.
What is the difference between class action defense and individual litigation?
Class action defense involves representing companies against lawsuits where plaintiffs seek to represent a larger group with similar claims. These cases present unique procedural challenges including class certification motions and settlement structures affecting thousands of class members. Individual litigation involves single-plaintiff claims without class representation.
Can OFW Law handle litigation outside of Washington, DC?
Yes. Our litigation attorneys are admitted to practice in multiple jurisdictions and regularly handle matters in federal and state courts nationwide. We also work with local counsel when required by specific court rules while maintaining case strategy and direction.