(Third) Party in the USA: Liability for Third-Party Certifiers under American Consumer Law

This program, presented by P. Renée Wicklund, will discuss third-party certifier liability in the consumer protection context. It will provide an overview of third-party certification; the shortcomings, fraud, and misrepresentation present throughout the verification processes; and the various obstacles to holding third-party certifiers liable for the resulting misleading consumer representations. This will be done through an analysis of relevant case law and current litigation, primarily regarding fair trade certification. Ultimately, this program will inform plaintiffs' attorneys in the consumer protection field on the best practices for holding third-party certifiers liable.

Learning Objectives:

1. Discuss the standard process used by third-party certifiers for certification

2. Identify the major obstacles to third-party certifier liability in the context of consumer protection law

3. Review the industries most susceptible to fraud and misrepresentation via third-party certification

4.  Prepare for the future of third-party certifier litigation