Katie Bond

Partner - Email

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.

Select Experience

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.

Litigation

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.

NAD Cases

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.

Events

Advertising Law Affecting Franchisors
April 26, 2021

Presentations

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