Winston & Strawn Named Consumer Protection Practice Group of the Year by Law360

Winston & Strawn secured a spot as a 2018 Law360 Consumer Protection Practice Group of the Year. Practice highlights from 2018 include the firm successfully defending J.M. Smucker subsidiary Big Heart Pet Brands over alleged deceptive marketing practices, and a win against Edible Arrangements over alleged spam texts.

Ron Rothstein co-chair of the firm’s Advertising & Consumer Protection Practice led the team in defending Big Heart Pet Brands from a suit by rival manufacturer Wysong Corp. that accused it and other major pet food companies of deceptive practices in their pet food packaging. Referring to the case, Rothstein said, “Consumers were smart enough to know what they were getting when buying pet food.”

According to Rothstein, the key to tackling consumer protection suits is to disrupt the template plaintiff’s firms tend to follow, as that makes them much less willing to pursue things further.

Another win for the group came in March 2018 when Winston obtained the dismissal of a class action accusing Edible Arrangements of violating the Telephone Consumer Protection Act over text message advertisements that consumers claimed were unreasonably difficult to opt out of. The suit claimed the company was wrong in having a single or exclusive way of opting out of the messages. “This case was an example of things being taken too far because the plaintiff voluntarily signed up to receive the text messages and she received specific instructions on how to opt out,” said Partner Natalie Arbaugh. “It’s a good victory for defendants who are being put in these situations where it’s clear that the statute is being taking further than intended.”

Advertising & Consumer Protection Practice Co-Chair Amanda Groves attributes the firm’s success in this area to its years of experience in the field and the long-term relationships it has developed with many of its clients. “Because our firm has been defending them for so long, we can anticipate strategy and their settlement posture, which helps us provide advice to our clients, helping them know what could be coming down the pike in a particular case,” she said.