Katie Bond provides regulatory counseling and litigation support to national and global brands marketing a variety of consumer products, including over-the-counter drugs, foods, dietary supplements, weight loss products, personal care and cosmetic products, CBD products, apparel and shoes, home appliances, jewelry and sports equipment. She focuses her practice primarily on advertising and food and drug law, with an emphasis on risk analysis and a deep knowledge of Federal Trade Commission, Food and Drug Administration, and other regulatory regimes affecting the labeling and marketing of consumer products. Katie advises her clients on matters such as: influencer campaigns, social media marketing, crafting and substantiating health benefit claims, "green" marketing, “clean” and “sustainable” marketing, "Made in the USA" claims, auto ship programs, contests and sweepstakes, comparative advertising, multi-level marketing, compliance with rules surrounding product shipping, and the use of customer reviews and star ratings in product promotions.
Katie has extensive experience handling complex Federal Trade Commission and state investigations, in addition to assisting clients with consumer class action defense and initiating and responding to self-regulatory challenges before the National Advertising Division. She has also represented a major trade group in filing amicus briefs in support of defendants in false advertising class actions in several courts in California, including the Ninth Circuit.
FTC and State Investigations
- Represented major football helmet brand in FTC investigation into concussion and other health and safety claims. Closed with no enforcement.
- Represented global cosmetic brand in FTC investigation involving implied safety claims for skin products. Closed with no enforcement.
- Represented national dietary supplement brand in FTC investigation into healthy aging claims. Closed with no enforcement.
- Represented biotech company affiliated with major university in FTC investigation into cognitive function claims for products. No-money settlement reached.
- Represented several food and dietary supplement brands in California District Attorney investigations involving health-related marketing claims.
Represented start-up company in investigation by Florida Attorney General’s office into marketing claims for sleep, wellness, and relaxation products.
- Represented global food brand in investigation by New York Attorney General’s office.
- Dismissal obtained for dietary supplement company in litigation against FTC. (First-ever successful motion to dismiss in any false advertising action brought by FTC.)
- Dismissal obtained for company in class action lawsuit involving weight loss products.
- Dismissal obtained for major food company in class action over ingredient content claims.
- Obtained jury verdict in favor of marketer of store brand dietary supplements in Lanham Act false advertising case.
- Dismissal and sanctions obtained in counterclaims in RICO civil action involving plaintiff’s class action firm.
- Filed numerous amicus briefs on behalf of leading dietary supplement trade association in false advertising class actions.
- Represented major gasoline brand in successful NAD challenge against competitor.
- Represented major cosmetic brand in successful NAD challenge against competitor.
- Successfully defended several dietary supplement companies before NAD.
- Co-panelist, "Is this Recyclable? Criteria, Claims and Questions," GreenBiz Circularity 22 Program, May 17, 2022
- Co-presenter, “Recyclable Claims: Class Actions and New California Law,” Council for Responsible Nutrition's Legal Committee, February 15, 2022
- Panelist, "Advertising in the Age of Covid-19: Claim Substantiation Concerns Under the Covid-19 Consumer Protection Act," Advertising Claims Substantiation, American Conference Institute, February 2 , 2022
- Co-presenter, "The New Frontier for Claims: The Disease-ification of Anxiety, Mood & Sleep," Natural Products Insider, September 15, 2021
- Presenter, "Complexities of the New Class Actions Landscape: Novel Causes of Action and Strong Defenses," American Conference Institute Legal Regulatory and Compliance Forum on Dietary Supplements, June 10, 2021
- Co-presenter, "A Responsible Immune Health Market: From Claims to Consumers,” Nutritional Outlook, June 2, 2021
- Co-presenter, “Examining the Rise of Influencers in Food Marketing,” Advanced Summit on Food Law: Regulation, Compliance and Litigation, American Conference Institute, May 13
- Presenter, "Litigation Update," Legal Committee, Council for Responsible Nutrition, March 3, 2021
- Co-presenter, "Immunity Boosting in the Pandemic Age," Supply Side Network, November 12, 2020
- Co-presenter, "Editors’ Series: COVID-19 and Immune Health Claims: What NOT to Say (Do’s and Don’ts)," Nutritional Outlook, May 29, 2020
Presenter, "Made in USA – Is It Truly All-American?" Third Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation, hosted by the American Conference Institute (ACI), January 29-30, 2020
- Co-presenter, "FTC Fireside Chat: Targeting Structure Function Claims In Dietary Supplements," 4th Annual Dietary Supplement Regulatory Strategy Conference, December 5, 2019
- Co-presenter, "Competition and Comparative Advertising: Can They Coexist?" ABA Section of Antitrust Law's Spring Meeting, March 26, 2019
- Co-presenter, "Post-Conference Workshop B: Master Class on Substantiating Claims on FDA Regulated Consumer Products – Proper Steps for Ensuring Claims on Food Products, Dietary Supplements, and Cosmetics," Advertising Claims Substantiation, January 31 – February 1, 2019
- Co-presenter, "Ensure supplement claims are truthful, legal, substantiated, and will help maximize your marketing," American Herbal Products Association, Claims Substantiation Webinar, August 21, 2018
- Presenter, "Trend Watch: Dietary Supplement Regulation & Litigation," November 13, 2017
- Presenter, "How to Avoid Coming Up Empty: Update on Non-Functional Slack Fill Enforcement and Litigation," September 27, 2017
- Presenter, "10 Things I'd Change About DSHEA," October 28, 2016
- Presenter, "Developing and Substantiating Product Claims," October 5, 2016
- Presenter, "Defining and Regulating Medical Foods - A Legal Perspective," July 11, 2016
- Presenter, "Breaking In (To Ad Law)," June 7, 2016
- Presenter, "Interactive Workshop: Hands On Claims/Benefits," May 5, 2016
- Presenter, "Constraints on Commercial Speech and the First Amendment," October 30, 2015
- Presenter, "Structured Q&A: Regulatory & Industry Dialogue On Proposed Changes," February 5, 2015
- Presenter, "Welcome to the 21st Century: The Age of Advertising Scrutiny," September 12, 2014
- Presenter, "Doing Business in High-Risk Categories," November 13, 2012
- Presenter, "Truth Stranger Than Fiction: Recent Developments in Dietary Supplement Litigation, Regulations and Truth in Advertising," September 14, 2012
- Presenter, "How "Competent and Reliable" is Your Scientific Evidence? Meeting the FTC's Substantiation Standards for Health-Related Advertising," September 9, 2011
- Presenter, "Recent Developments in Dietary Supplement Regulation, Enforcement & Litigation," January 16, 2009
- Co-author, "Class Actions Aimed at "Recyclable" Claims: So Far, Courts Resist Demands to Reinterpret Existing Law," Washington Legal Foundation, April 21, 2022
- Author, "Litigation Over Recyclable Claims Is Bad For Recycling,” Law360, June 30, 2021
- Co-author, "'Immune' claims and COVID-19," Regulatory Affairs Professionals Society, Regulatory Focus, June 30, 2021
- Co-author, "Gummies, Tinctures and Masks, Oh My! Legal Risks Around CBD Advertising," Law.com, May 19, 2021
- Quoted, "Supreme Court limits 13(b) authority under Federal Trade Commission Act," Natural Products Insider, April 26, 2021
- Quoted, "Respiratory health: Can nutritional ingredients breathe life into the respiratory category?" Nutritional Outlook, April 6, 2021
- Author, "Ninth Circuit Protects Federal Regulatory Regime that Promotes the Dissemination of Nutrition Information," Washington Legal Foundation, January 22, 2021
- Author, "More Lawsuits and Less Speech: An Executive Order's Unintended Consequences," Washington Legal Foundation, May 29, 2020
Author, "FTC Shouldn't Try To Protect Consumers In Foreign Countries," Law 360, March 13, 2020
- Quoted, "Making immune health claims in the time of COVID-19? Be careful.," Nutritional Outlook, June 2, 2020
- Author, "How to back up advertising claims to avoid risk," New Hope Network, January 16, 2019
Quoted, "Why don’t more consumers use omega-3s?" Nutritional Outlook, July 5, 2019
Quoted, “Regulatory Lawyers Assess FTC in Republican Administration, Impact on Dietary Supplements,” Natural Products Insider, April 19, 2019
- Quoted, "Getting substantiation right for claims especially important in healthy aging, expert says," Nutra Ingredients, October 15, 2018
- Co-author, "Regulators, Not Private Plaintiffs, Should Judge Substantiation for Consumer-Product Health Claims," WLF Legal Backgrounder, November 3, 2017
- Quoted, “Trump Picks Antitrust Lawyer to Head FTC, Leaving an Uncertain Impact on Consumer Protection,” Natural Products Insider, November 2, 2017
- Co-author, "Commercial-Speech Regulations Must Be No More Extensive Than Necessary," Washington Legal Foundation, July 28, 2017
- Quoted, "Supplement Company Says It Exited U.S. Market After FTC Lawsuit," Natural Products Insider, March 15, 2017
Featured, “Lawyers: Republican-Led FTC Positive Sign for Dietary Supplements,” Natural Products Insider, January 26, 2017
- Co-author, "The NAD: A Force in Shaping Food and Dietary Supplement Advertising," Food and Drug Law Institute Update, November 2016
- Quoted, "Ten things to change about DSHEA," Nutra Ingredients, November 4, 2016
- Co-author, "Tracing FTC's Line on Commercial Speech: What Makes an Ad an Ad and Why Does It Matter?" Food and Drug Law Journal - Volume 71 Number 2, June 2016
- Co-author, "Holiday Wrapping Papers: FTC Wraps Up 2015 with Native Advertising Guidance," Lexology, December 23, 2015
- Co-author, "Courting Conflict: How a Ninth Circuit Preemption Decision Undermines FDA Enforcement Discretion," Washington Legal Foundation, August 2015
- Author, "FDA, Social Media, and Health Claims," Nutritional Outlook, May 7, 2014
- Author, "Ravioli Trees and Tortellini Bushes: What Should Courts Expect from the Reasonable Consumer When it Comes to 'Natural' Claims?" FDLI Food and Drug Policy Forum, January 29, 2014
- Author, "Food and Consumer Health Product Claims Substantiation: A Comprehensive Guide," Food and Drug Law Institute, December 2013
- Quoted, "Law Firm Discusses How FTC Now Defines “Competent and Reliable” Scientific Evidence for Health Claims," Nutritional Outlook, December 2011
Author, "Foreign Territory: Dietary Supplement Clinical Trials Conducted Abroad," Nutritional Outlook, April 12, 2012
- Contributor, "Can We Say That? A Practical Guide to Substantiating Claims for Food and Consumer Health Products," Food and Drug Law Institute Monograph, Vol. 2, No. 3, January 2011
- Author, "Ingredient Testing for Food and Supplement Advertising Claims: Keeping Up with an Evolving Standard," Antitrust Health Care Chronicle, Vol. 24, No. 1, October 2010
- Author, "Beating the Heat: What Food & Supplement Marketers Need to Know About the FTC's Summer of Litigation," Viewpoints on FDA: Enforcement, October 2009
- Author, "Dietary Supplement Labeling and Advertising Claims: Are Clinical Studies on the Full Product Required?" Food and Drug Law Journal, Vol. 64, No. 1, 2009
- Author, "Ads Can Do the Body Good," Legal Times, September 8, 2008
- Contributor, "New Standards, Heightened Enforcement, and Increased Litigation: Managing the New Legal Risks Facing Food and Dietary Supplement Companies,". N.p.: Thomson Reuters Westlaw; Aspatore. N. page. Print., 2012
- Contributor, "ABA Section of Antitrust Law," Consumer Protection Law Developments, 2009
Client Alerts and Blog Posts
- March 2, 2022
- October 14, 2021
- FDA Issues Warning to the Food Packaging Industry on PFAS Use Following Growing Attention to PFAS in Food PackagingAugust 25, 2021
- New Study Reports Finding PFAS, an Allowed Component, in Cosmetics; Legislation Ensues Despite a Lack of Any Established Health RisksJune 21, 2021
- March 2, 2021
In the News
- April 4, 2022
- February 28, 2022
- October 20, 2021
- Natural Products Insider Quotes Katie Bond on Recent Dismissal of FTC's Request for Monetary Relief in LawsuitOctober 19, 2021
- October 18, 2021
- June 30, 2021
- May 19, 2021
- April 27, 2021
- April 26, 2021
- April 6, 2021
- Washington Legal Foundation Publishes Letter Co-Authored by Katie Bond on Ninth Circuit Ruling Related to Dietary SupplementsJanuary 22, 2021
- January 20, 2021
- January 15, 2021
- January 14, 2021
- January 14, 2021
- January 12, 2021
- Washington, D.C. Super Lawyers Rising Star - Consumer Law, Food and Drugs, 2014 - 2016
- Recommended in the US Legal 500 for Marketing & Advertising
600 New Hampshire Avenue, NWThe Watergate - Suite 700Washington, DC 20037
- District of Columbia
American University Washington College of Law, J.D.
Davidson College, B.A.