Stevenson and Muehlberger Publish in Law360 on Defending Cosmetic Class Actions

Shook, Hardy & Bacon Partners Jennifer Stevenson and James Muehlberger have co-authored an article appearing in the June 3, 2014, issue of Law360. Titled “How to Fight the Rising Tide of Cosmetic Class Actions,” the article addresses the “unprecedented surge” in consumer-fraud class actions against cosmetics companies stemming from aggressive federal regulatory action on marketing claims, the enactment of plaintiff-friendly laws in certain states and the perception that this industry represents a “relatively untapped ‘deep pocket.’” The authors recommend a number of defensive strategies, including removing these actions to federal court, narrowing the claims, challenging standing, raising the primary jurisdiction doctrine, and vigorously fighting class certification.