La Toya Sutton advises clients on legal and compliance issues related to consumer advertising and product claim substantiation across a range of industries. Her practice focuses on the broad range of legal and compliance issues surrounding the marketing of products subject to the overlapping jurisdictions of the U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC). She regularly counsels clients regarding the development, substantiation, approval, and defense of advertising claims, as well as compliance with FDA labeling and marketing requirements. She also has experience defending and initiating disputes before the Council of Better Business Bureau’s National Advertising Division (NAD) and the Electronic Retailing Self-Regulation Program (ERSP). La Toya counsels and represents clients during government, Federal Trade Commission (FTC) and other investigations.
- Part-time acting general counsel at a media and distribution company for several lines of cosmetic products. Supervised development of marketing materials, including reviewing all print, online, television and radio advertising for potential FDA and FTC compliance issues; provided advice to research and development team on labeling compliance and claim substantiation; advised on
expansion of business to include manufacturing and distribution of dietary supplements.
- Lead associate in the representation of a dietary supplement company’s response to an FTC investigation concerning health claims. Responsibilities included drafting all written responses; management of document review and submission; and drafting a white paper concerning substantiation.
- Lead associate in the representation of a dairy company in a competitor-initiated
challenge before NAD concerning substantiation of advertising claims.
- Managed document review for a client’s response in an FTC investigation concerning health and weight loss claims. Responsibilities included training and supervising a team of reviewers and conducting second-level review of more than 23,000 documents.
- Was lead associate on a team developing a Consumer Product Safety Commission (CPSC) compliance and implementation plan for a national consumer product company.
- Was lead associate on a team advising a national media company on issues raised by proposed drug advertising, implicating a cross section of FDA, FTC and Federal Communications Commission law.
- Advised a major home shopping channel on claim development and substantiation for multiple products in a private label dietary supplement line.
by La Toya Sutton
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